Borough of Kinnelon, NJ Chapter 105 Construction Codes, Uniform

[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 2-17-1977 by Ord. No. 3-77 (Ch. 50 of the 1972 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Numbering of buildings — See Ch. 100.

Fire prevention — See Ch. 123.

Sewer connections — See Ch. 163.

Subdivision of land and site plans — See Ch. 176.

Open or unguarded wells and excavations — See Ch. 202.

Percolation test fees — See Ch. 228.

Individual sewage disposal systems — See Ch. 237.

Individual and semipublic water supply systems — See Ch. 246.

§ 105-1 Enforcing agency; subcode officials.

A. Establishment of Uniform Construction Code Enforcement Agency which shall enforce the terms and conditions of the State Uniform Construction Code as set in Chapter 217 of the Public Laws of 1975[1] and N.J.A.C. 5:23. Pursuant to P.L. 1975, c. 217, known as the "Uniform Construction Code Act of the State of New Jersey" (hereinafter referred to as "The Act") there is hereby established in the Borough of Kinnelon a State Uniform Construction Code enforcing agency to be known as the "Borough of Kinnelon Building Department," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, and Fire Protection Subcode Official, which positions are hereby created. The Construction Official shall be the chief administrator of the enforcing agency. He shall have the power to overrule a determination of a subcode official based on an interpretation of a substantive provision of the subcode which such subcode official administers, only if the Construction Official is qualified to act pursuant to the Act as a subcode official for such subcode. He may serve as subcode official of any subcode which he is qualified under the Act to administer. A subcode official or the Municipal Engineer may serve as the Construction Official if otherwise qualified under the provisions of the Act. Subcode officials or assistance staff may be employed on a full- or part-time basis or hold other positions within the Borough of Kinnelon.

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

B. Each official position created in Subsection A hereof shall be filled by a person, by resolution of Mayor and Council, in accordance with and as qualified for such position pursuant to P.L. 1975, c. 217, 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, 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.

C. The public shall have the right to do business with the Building Department of the Borough of Kinnelon at its offices located in the Municipal Building, Kinnelon Road, Kinnelon, New Jersey, except for emergencies and unforeseen or unavoidable circumstances, during regular business hours.

D. Approval of applications for permits and expiration or cancellation of permits shall be as follows:

(1) The enforcing agency shall examine each application for a construction permit. If the application conforms with the Act, the code and the requirements of other applicable laws, including the Zoning Ordinance,[2] administrative regulations and other ordinances, it shall be deemed a completed application and the Construction Official shall approve the application and shall issue a construction permit to the applicant. Every completed application for a construction permit shall be granted, in whole or in part, or denied within 20 business days. If a completed application is denied in whole or in part, the Construction Official shall set forth the reason therefor in writing. If the Construction Official fails to grant, in whole or in part, or deny a completed application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for purposes of an appeal to the Construction Board of Appeals, unless such period of time has been extended with the consent of the applicant in writing. The enforcing agency may approve changes in plans; and specifications, when so changed, shall remain in conformity with law.

[2] Editor's Note: See Ch. 207, Zoning.

(2) A construction permit, issued in accordance with the foregoing provisions, pursuant to which no construction has been undertaken above the foundation walls within one year from the time of issuance, shall expire. The Construction Official may suspend, revoke or cancel a construction permit in case of neglect or failure to comply with the provisions of the Act or the code, or upon a finding by it that a false statement or representation has been made in the application for the construction permit.

(3) The enforcing agency shall have all other powers as enumerated in the Act or administrative regulations adopted with reference thereto.

§ 105-2 Construction Board of Appeals.

A. There is hereby established a Construction Board of Appeals to hear appeals from decisions by the enforcing agency. Such Board shall consist of five members. At least one Board member shall be a licensed architect or professional engineer of building construction experience, and at least one Board member shall be as qualified as a Plumbing Subcode Official and one as qualified as an Electrical Subcode Official. No more than two Board members shall be selected from the same business or profession. Each Board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect or, in the alternative, five years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education or, as a further alternative, 10 years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.

B. Appointment and terms.

(1) The Mayor and Council shall appoint the Board members and any alternate members. For the members first appointed, the Mayor and Council shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for a term of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. Vacancies shall be filled for the unexpired term. All terms shall be on a calendar-year basis. Members may be removed by the Mayor and Council, after a hearing for good cause shown.

(2) The Mayor and Council shall appoint such member or alternates as may be appropriate, for terms not to exceed four years, or may in the alternative appoint alternates on a case-by-case basis.

(3) No regular or alternate Board member may be a member of the enforcing agency, the decisions of which are subject to the review of the Board.

C. The members of the Board of Appeals shall annually elect a Chairman and Vice Chairman and shall select a Secretary who may be either a member of the Board of Appeals or a municipal employee designated by the Board of Appeals.

D. All members of the Construction Board of Appeals shall serve without compensation but shall be entitled to reimbursement for out-of-pocket expenses incurred in the performance of their duties.

E. Administration and enforcement.

(1) Appeal procedure.

(a) Right of appeal. Whenever the Construction Official shall deny a completed application for a construction permit, refuse or fail to act upon a completed application for a construction permit, refuse to grant a variation pursuant to Article 6 of the Act hereof or make any other decision pursuant or related to the Act or code, including the assessment of any monetary penalties, an owner or his authorized agent may appeal to the Construction Board of Appeals.

(b) The application for appeal shall be taken within 20 days of the receipt of written notice of the denial or other decision on the application for a construction permit. Where no notice of denial has been forthcoming, appeal may be taken within 20 days after the expiration of 20 days from the time of filing of a completed application for a construction permit.

(c) The application for appeal shall be in writing, filed with the Board, briefly setting forth the appellant's position. Such application shall state the name and address of the applicant, the address of the building or site in question and the permit number and shall reference the specific sections of the code in question and the extent and nature of the appellant's reliance on them. The appellant may append to his written application any date or information that he may deem appropriate to his cause. The enforcing agency shall make available to the Board the full record of the application below, which includes a detailed explanation of the reasons for the denial of the appellant's request.

(d) The application for appeal shall be accompanied by a fee in the sum of $50. An application for appeal shall not be considered complete unless accompanied by the appeal fee.

(e) The time for appeal may be extended, upon application to the Secretary of the Board in writing, or may be extended at any regular or special meeting of the Board by the affirmative vote of a majority of the Board.

(2) Procedure of the Board.

(a) The Board shall meet upon notice of the Chairman or at stated periodic meetings, if warranted by the volume of work. The hearing shall be recorded and copies made available upon request at the expense of the requesting party.

(b) All hearings shall be open to the public. The appellant, his representative or legal counsel and the enforcing agency, through the Construction Official or the appropriate subcode official, shall be granted an opportunity to be heard.

(c) When five qualified members are not present to consider a specific appeal, either the appellant or the enforcing agency may request a postponement of the hearing. If there is no such request for a postponement, any decision made by the members present shall be binding and shall be considered as a decision of the full Board. No meetings shall be conducted unless there are at least three members of the Board present. No specific combination of business or profession represented on the Board need be present, unless an affirmative vote of the members present determines that such is necessary in the public interest.

(3) Decision of the Board.

(a) The Board shall hear the appeal, render a decision thereon and file its decision with a statement of the reasons therefor with the enforcing agency from which the appeal has been taken not later than 10 business days following the submission or the completed application for appeal, unless such period of time has been extended with the consent of the appellant. Such decision shall also be filed with the State Division of Housing and Urban Renewal, Bureau of Housing Inspection, Attention: Uniform Construction Code Appeals File, 363 West State Street, Trenton, New Jersey 08625. Decisions of the Board shall be available for public inspection at both the offices of the Bureau and the enforcing agency during normal business hours.

(b) Such decision may affirm, reverse or modify the decision of the enforcing agency or remand the matter to the enforcing agency for further action. Whenever the Board shall reverse or modify the decision of the enforcing agency, its statement of reasons therefor shall fully explain the nature and extent of its disagreement with the enforcing agency.

(c) Decisions of the Board shall be by a concurring vote of three members. Failure to secure three concurring votes shall be deemed a confirmation of the decision of the enforcing agency. Any dissenting member may attach a statement of reasons in opposition to the decision of the Board.

(d) Every action of the Board shall be by resolution and copies shall be forwarded by certified or registered mail to the appellant or his representatives.

(e) Failure by the Board to hear an appeal and render and file a decision thereon within the time limits prescribed in this section shall be deemed a denial of the appeal for the purposes of a complaint, application or appeal to a court of competent jurisdiction.

(f) The enforcing agency shall take immediate action in accordance with the decision of the Board, unless otherwise stayed by a court of competent jurisdiction.

(g) Any party, including the enforcing agency, may within 45 days appeal from the decision of the Board to a court of competent jurisdiction.

§ 105-3 Fee schedule.

[Amended 6-15-1978 by Ord. No. 5-78; 8-21-1986 by Ord. No. 12-86; 6-21-1990 by Ord. No. 5-90; 10-18-1990 by Ord. No. 14-90; 5-21-1992 by Ord. No. 6-92; 5-19-1994 by Ord. No. 3-94; 12-19-2002 by Ord. No. 20-2002; 8-19-2004 by Ord. No. 17-04; 3-19-2009 by Ord. No. 3-09]

A. The fee for a construction permit shall be the sum of the subcode fees listed herein and shall be paid before the permit is issued:

(1) Building subcode fee.

(a) For new construction, fees shall be based upon the volume of the structure and shall be in the amount of $0.070 per cubic foot of volume for buildings and structures in the C, RC and I use groups. The fee shall be $0.040 per cubic foot of volume for buildings and structures in the A, RR, AH, SR use groups. The fee for commercial farm buildings and structures shall be $0.030 per cubic foot of volume. The minimum fee shall be $100.

(b) For renovations, alterations and repairs, fees shall be based upon the estimated cost of the work. The fee shall be in the amount of $22 per $1,000 of estimated cost up to and including $50,000. The fee shall be in the amount of $18 per $1,000 of estimated cost for the portion of estimated cost greater than $50,000. The minimum fee shall be $65. For the purpose of determining estimated cost, the applicant shall submit to the enforcing agency, if available, cost data produced by the architect or engineer of record, by a recognized estimating firm or by the contractor, as well as a bona fide contractor's bid, if available. The enforcing agency shall make the final decision regarding estimated cost.

(c) For combination additions and renovations, fees shall be computed as the sum of the fees obtained in accordance with Subsection A(1)(a) and (b).

(d) The fee for the installation of swimming pools shall be $22 per $1,000 of estimated cost of installation, plus a State Department of Community Affairs fee set pursuant to N.J.A.C. 5:23-4.20.

(e) For the installation or replacement of underground storage tanks up to 550 gallons for residential one- and two-family dwellings, the fees shall be $65. For the installation or replacement of underground storage tanks for all other use groups, the fee shall be $100.

(f) The fee for taking an underground storage tank out of service, altering the piping or otherwise modifying any installation shall be $22 per $1,000 of estimated cost of removal.

(g) The fee for installation of central air units shall be $22 per $1,000 of estimated cost of installation.

(h) The fee for the installation or removal of geothermic or photovoltaic systems shall be $22 per $1,000 of estimated cost of installation.

(2) Signs. For the construction and installation of signs, the fee shall be in the amount of $2 per square foot of surface area of the sign, computation based on one side for double-faced signs.

(3) Fire subcode fees.

(a) For sprinklers, fees shall be based upon the number of sprinkler heads being installed as follows:

[1] One to 20 heads: $65.

[2] Twenty-one to 100 heads: $120.

[3] One hundred one to 200 heads: $229.

[4] Two hundred one to 400 heads: $594.

[5] Over 400 heads: $900.

(b) For independent preengineered systems: $92 per system.

(c) Gas or oil-fired appliance: $65 per appliance.

(d) Kitchen exhaust system: $65 per system.

(e) Incinerators: $100 per incinerator.

(f) Crematoriums: $365 per crematorium.

(g) Fireplace installation or wood-burning appliance: $65 per appliance.

(h) For standpipes, fees shall be in an amount determined by multiplying the number of standpipes by $229.

(i) The minimum fee shall be $65.

(j) For buildings, fees shall be as follows:

[1] For single-family dwellings, new construction, additions and alterations, the fee shall be $50.

[2] For commercial buildings, industrial buildings, offices, multiple dwellings, etc., the fee shall be $10 per unit.

[3] The minimum permit fee shall be $50.

(4) Demolition fees.

(a) For a structure of less than 5,000 square feet in area and less than 30 feet in height, or for one- or two-family residences, and for structures on farms, the fee shall be $65.

(b) For all other structures, the fee shall be $120.

(5) Certificate of occupancy fees.

(a) For new construction, the fee shall be in the amount of 10% of the construction permit fee, provided that the minimum fee shall be $35 and the maximum fee shall be $200.

(b) For change of use, the fee shall be $200.

(c) For continued occupancy, the fee shall be $200.

(6) Mechanical systems and equipment fees. For all construction with the exception of one- and two-family residences, the fee shall be 5% of the total construction permit fees.

(7) Elevator safety subcode fees. For all elevator inspections, including new construction and reinspections, as required at six months and as required at five years, fees shall conform to the schedule promulgated by the Department of Community Affairs in N.J.A.C. 5:23-12.6(a) and (b), as amended and supplemented, plus the additional statutory fifteen-percent administrative surcharge.

(8) Variation fees.

(a) For all variation requests in accordance with the Uniform Construction Code, fees shall be as follows:

[1] Class I structures: $594;

[2] Class II structures: $120; and

[3] Class III structures: $65.

(9) Electrical subcode fees.

(a) For additions and new buildings, the fees shall be as follows:

[1] Outlets (rough and final fixtures), which shall include lighting, wall switches, fluorescent fixtures, convenience receptacles or similar motors or devices less than or equal to one horsepower or one kilowatt:

[a] One to 25: $35.

[b] For each additional increment of 10 or portion thereof: $15.

(b) For Subsection A(9)(b)[1] through [4] below, the calculation of the following electrical fees for all motors (except those plug-in appliances) shall be counted, including control equipment, generators, transformers, and all heating, cooking or other devices consuming or generating electrical current.

[1] Each motor or electrical device greater than one (1) HP and less than or equal to 10 HP, and for transformers and generators greater than 1 KW and less than or equal to 10 KW, the fee shall be $20 each.

[2] Each motor or electrical device greater than 10 HP and less than or equal to 50 HP, for each service panel, service entrance or subpanel less than or equal to 200 amperes, and for all transformers and generators greater than 10 KW and less than or equal to 45 KW and for each utility load management device, the fee shall be $46 each.

[3] Each motor or electrical device greater than 50 HP and less than or equal to 100 HP, for each service panel, service entrance or subpanel less than or equal to 200 amperes, and less than or equal to 1,000 amperes, and for each transformer or generator greater than 45 KW and less than or equal to 112.5 KW, the fee shall be $92 each.

[4] Each motor or electrical device greater than 100 HP, for each service panel, service entrance or subpanel greater than 1,000 amperes, and for each transformer or generator greater than 112.5 KW, the fee shall be $457 each.

(c) The fee for installation of central air conditioning shall be $65 per unit.

(d) The minimum electric permit fee shall be $65.

(10) Plumbing subcode fees.

(a) For each fixture, piece of equipment or appliances connected to the plumbing system and for each appliance connected to the gas piping or oil piping system, the fee shall be $15 per fixture.

(b) The fee for special devices, which include grease traps, oil separators, refrigeration units, utility service connectors, backflow preventors, steam boilers, hot water boilers (excluding those for domestic water heating), active solar systems, sewer pumps, interceptors and fuel oil piping, shall be $65 per special device.

(c) The fee for installation of central air conditioners shall be $65 per unit.

(d) The minimum fee shall be $65.

(11) New Jersey Construction Code surcharge fee.

(a) In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations promulgated thereunder, the enforcing agency shall collect, in addition to the fees specified above, the surcharge fee set forth in N.J.A.C. 5:23-4.19, as amended and supplemented. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for fiscal quarters 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.

(b) The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fees collected in the fiscal year.

(12) Miscellaneous fees.

(a) For cross-connections, backflow preventors, public swimming pools, spas and hot tubs that are subject to testing and require annual inspections, the fee shall be $45.

(b) In the case of discontinuance of work, all completed work will be computed. Any excess work will be refunded except 25% of excess for cost of permit fees and refunding.

(c) All suspensions of permits pursuant to N.J.A.C. 5:23-2.16(b) will not be refundable in whole or in part.

(d) The replacement of residential one- and two-family dwelling mechanical equipment shall be a total of $50 for all subcodes combined.

(e) Repeated failures by any subcode official that is determined by the Construction Official to be repetitious in nature for the same work being done may be subject to additional inspection fees of $50 per inspection after three repeated failures to the work that is being done that is within that subcode's jurisdiction.

(13) State training fees. Fees shall be pursuant to current regulations cited at N.J.A.C. 5:23-4.19.

(14) Engineering fees. The fee for engineering review shall be $200.

(15) Special off-hours inspection fees. Fees shall be determined by the Construction Official prior to any inspection on a case-by-case basis.

B. The Construction Official shall waive the fees arising from any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by a handicapped person or handicapped persons to an existing public or private structure or any of the facilities contained therein. The term "handicapped person" shall have the meaning set forth in N. J. S. A. 52:27D-126e, as amended and supplemented.

C. The Construction Official shall waive the construction permit fees for nonprofit tax-exempt organizations whose charitable contributions are tax deductible for federal income tax purposes.

§ 105-4 Fire districts.

This section is reserved for the establishment of fire limits in accordance with N.J.A.C. 5:23.

§ 105-5 Violations and penalties.

A. Any person or corporation, including an officer, director or employee of a corporation, who:

(1) Violates any of the provisions of the Act or rules promulgated thereunder;

(2) Constructs a structure or building in violation of a condition of a building permit;

(3) Falls to comply with any order issued by an enforcing agency; or

(4) Makes a false or misleading written statement in any application or request for approval to an enforcing agency;

shall be subject to a penalty, upon conviction in Municipal Court of not more than $500.

B. Any person, firm or corporation who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to the Act or who unreasonably interferes with such an inspection shall be subject, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days.

[Amended 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]

C. With respect to Subsection A(3) of this section, a person shall be guilty of a separate offense for each day that he fails to comply with a stop-construction order validly issued by an enforcing agency and for each week that he falls to comply with any other order validly issued by the enforcing agency. With respect to Subsection A(1) and (4) of this section, a person shall be guilty of a separate offense for each violation of any provisions of the Act or rules promulgated thereunder and for each false or misleading written statement or omission of required information or statement made in any application or request for approval to an enforcing agency. With respect to Subsection A(2) of this section, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.

D. Payment of a money judgment pursuant hereto brought by the municipality shall be remitted to the Municipal Treasurer of the Borough of Kinnelon.

§ 105-6 Imposition of costs as municipal lien.

[Added 5-16-1985 by Ord. No. 2-85]

When costs are incurred in the performance of emergency work caused by the Construction Official or subcode official to render an unsafe structure within the Borough temporarily safe and if an owner or lessor fails to comply with a Construction Official or subcode official's order to repair, alter or improve any unsafe structure, the Construction Official or subcode official may cause such building to be taken down, removed or made safe, and all costs that are incurred by this action will be placed as a municipal lien against the real property upon which such costs were incurred.

§ 105-7 Payment of fire insurance claims restricted.

[Added 5-16-1985 by Ord. No. 2-85]

No payment shall be made to a claimant by an insurance company of any claim in excess of $2,500 for fire damage on any real property located within the Borough pursuant to any fire insurance policy issued or renewed after the adoption of this section until such time as the anticipated demolition costs, all taxes and assessments and all other municipal liens due and payable shall have been paid either by the insurance company or the owner of the real property, or until such time as an agreement permitting installation payments for the same has been reached and executed between the Borough and the property owner.

§ 105-8 Interpretation of powers.

The powers enumerated in the Act shall be interpreted broadly to effectuate the purposes thereof.