[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood 10-12-1988 by Ord. No. 88-20RA. Amendments noted
where applicable.]
Each official position created in § 12-1 hereof shall be filled by a person qualified for such position pursuant to the State Uniform Construction Code and N.J.A.C. 5:23, Construction Code Regulations, provided that in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to the Construction Code Regulations. More than one such official position may be held by the same person, provided that such person is qualified, pursuant to the State Uniform Construction Code and the Construction Code Regulations, to hold each such position.
The following employees of the Department shall
be appointed by the Mayor and confirmed by the Council:
A.
Construction Official.
B.
Building Subcode Official.
C.
Plumbing Subcode Official.
D.
Electrical Subcode Official.
E.
Fire Protection Subcode Official.
F.
Such other subcode officials for such additional subcodes
as the Commissioner of the Department of Community Affairs shall require.
G.
Such number of assistant construction officials, assistant
subcode officials, plan reviewers, inspectors, trainees and/or clerks
as the Mayor and Council shall deem necessary.
A.
Employees of the Department as referred to herein
shall be appointed for the term stipulated in the State Uniform Construction
Code dating from January 1, 1977, or from the date of appointment,
whichever shall be later. Should no term of office be stipulated in
the State Uniform Construction Code or the Construction Code Regulations,
the term of office shall be for the calendar year.
B.
Any employee of the Department shall not be removed
from office except for just cause after a fair and impartial hearing
or unless the employee has had his/her license revoked by the state,
if said license is required in order for the person to serve as the
Construction Code Official or a subcode official.
[Amended 12-28-1999 by Ord. No. 99-25R]
All employees of the Department shall comply
with the provisions of the State Uniform Construction Code and the
Construction Code Regulations related to conflict of interest.
Employees of the Department shall be compensated pursuant to Chapter 86 of the Code of the Borough of Fanwood.
The Construction Official and subcode officials shall have those powers and perform those duties provided for in the State Uniform Construction Code and the Construction Code Regulations. Other employees of the Department shall have those powers and perform those duties delegated to them by the Construction Official not inconsistent with the Construction Code Regulations.§ 12-8.
The public shall have the right to do business
with the Department at the Borough Hall, except for emergencies and
unforeseen or unavoidable circumstances. The offices shall be open
at hours posted, and the Central Permit Office is established at the
Borough Hall.
All appeals from decisions by the Department
shall be filed with the Union County Construction Board of Appeals
in accordance with the provisions of the State Uniform Construction
Code and the Construction Code Regulations.
A.
The nonrefundable fee for plan review shall be 20%
of the amount to be charged for the construction permit and shall
be paid at the time of submission of an application for a permit.
The amount paid for this fee shall be credited toward the amount of
the fee to be charged for the construction permit. The minimum plan
review fee shall be equal to 20% of the minimum fee for the construction
permit.
B.
The fee for a construction permit shall be the sum of the subcode fees listed in Subsections B(1) through (13) hereof and shall be paid before the permit is issued. Fees shall be rounded to the nearest dollar amount. Whenever the Borough has a contract with an on-site agency or a plan review agency, an administrative surcharge of 15% of the relevant subcode permit fees shall be imposed.
[Amended 12-14-1988 by Ord. No. 88-24RA; 12-27-1989 by Ord. No. 89-18RA]
(1)
The Building Subcode fee shall be:
(a)
For a new building or structure $0.039 per cubic
foot of volume for buildings and structures, provided that the minimum
fee shall be $200.
[Amended 8-12-1992 by Ord. No. 92-10R; 4-11-2001 by Ord. No.
01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No.
10-02R; 9-4-2018 by Ord. No. 18-16R]
(b)
For renovations, alterations and repairs: $39
per $1,000 of the estimated cost of the work. The minimum fee shall
be $80.
[Amended 10-10-1990 by Ord. No. 90-11R; 8-12-1992 by Ord. No. 92-10R; 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No.
06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(c)
For additions: the same basis as for new construction
for the added portion, provided that the minimum fee shall be $200.
[Amended 8-12-1992 by Ord. No. 92-10R; 4-11-2001 by Ord. No.
01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No.
10-02R]
(d)
For combinations of renovations and additions:
the sum of the fees computed separately as renovations and additions.
[Amended 4-11-2001 by Ord. No. 01-04R]
(e)
The fee for the construction of a swimming pool
shall be as follows:
[Amended 4-11-2001 by Ord. No. 01-04R]
(f)
For retaining walls:
[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
[1]
Retaining walls: $39 per $1,000 of the estimated cost of the work,
provided that the minimum fee shall be $80.
(g)
For purposes of determining estimated cost,
the applicant shall submit to the Department such cost data as may
be available produced by the architect or engineer of record or by
a recognized estimating firm or by the contractor. A bona fide contractor's
bid, if available, shall be submitted. The Department shall make the
final decision regarding the estimated cost.
(h)
In the event there are structural changes to plans previously reviewed
and released by the Building Department, there will be a fee for the
review of those changes at $55 per hour.
[Added 8-12-2008 by Ord. No. 08-11R]
(2)
The Plumbing Subcode fees shall be:
[Amended 12-27-1991 by Ord. No. 89-18RA; 8-11-1993 by Ord. No. 93-15R; 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R]
(a)
$25 per fixture, appliance and piece of equipment
connected to the plumbing system, including but not limited to lavatories,
kitchen sinks, slop sinks, sinks, urinals, water closets, bathtubs,
shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers,
garbage disposals, clothes washers, hot-water heaters or similar devices.
[Amended 9-4-2018 by Ord.
No. 18-16R]
(b)
$150 per sewer or water connection or utility
service connection.
(c)
$70 per special device, such as grease traps,
oil separators, water-cooled air-conditioning units, refrigeration
units, backflow preventers, steam boilers, hot-water boilers (excluding
those for domestic water heating), gas piping, gas service entrances,
active solar systems, sewer pumps, interceptors and fuel oil piping.
(d)
Septic system repair: $150.
(e)
Sewer capping: $125.
[Amended 9-4-2018 by Ord.
No. 18-16R]
(f)
Water capping: $125.
[Amended 9-4-2018 by Ord.
No. 18-16R]
(g)
The minimum subcode fee shall be $80.
[Amended 9-4-2018 by Ord.
No. 18-16R]
(3)
The Electrical Subcode fees shall be:
(a)
Receptacles or fixtures: One to 50 is $80. Each
25 receptacles or fixtures in addition: $25. Receptacles or fixtures
shall include lighting outlets, wall switches, fluorescent fixtures,
convenience receptacles or similar fixtures and motors or devices
of less than one horsepower or one kilowatt. The minimum fee shall
be $80.
[Amended 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No.
06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(b)
For each motor or electrical device greater
than one horsepower and less than or equal to 10 horsepower and for
the transformers and generators greater than one kilowatt and less
than or equal to 10 kilowatts: $80; 150 amperes: $100.
[Amended 4-11-2001 by Ord. No. 01-04R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(c)
For each motor or electrical device greater
than 10 horsepower and less than or equal to 50 horsepower and for
each service panel, service entrance or subpanel less than or equal
to 200 amperes and for all transformers and generators greater than
10 kilowatts and less than or equal to 45 kilowatts: $125.
[Amended 4-11-2001 by Ord. No. 01-04R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(d)
For each motor or electrical device greater
than 50 horsepower and less than or equal to 100 horsepower, and for
each service panel, service entrance or subpanel greater than 200
amperes and less than or equal to 1,000 amperes and for transformers
and generators greater than 45 kilowatts and less than or equal to
112.5 kilowatts: $457.
[Amended 4-11-2001 by Ord. No. 01-04R]
(e)
For each motor or electrical device greater
than 100 horsepower, and for each service panel, service entrance
or subpanel greater than 1,000 amperes and for each transformer or
generator greater than 112.5 kilowatts: $574.
[Amended 4-11-2001 by Ord. No. 01-04R]
(f)
For the purpose of computing these fees, all
motors, except those in plug-in appliances, shall be counted, including
control equipment, generators, transformers and all heating, cooking
or other devices consuming or generating electrical current.
(g)
The term "service panel" shall include service
conductors, feeders, switches, switchboards and panel boards.
(h)
The minimum electrical subcode fee shall be
$80.
[Amended 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No.
06-23R; 12-12-2006 by Ord. No. 06-33R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(i)
All other equipment shall be at an additional
fee of $25, i.e., air-conditioning equipment, kitchen equipment, attic
fans and sump pumps
[Added 4-11-2001 by Ord. No. 01-04R;
amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No.
18-16R]
(j)
Alarm: $125, commercial; $80, residential.
[Added 4-21-2010 by Ord.
No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(4)
The Fire Protection Subcode fees shall be:
[Amended 4-11-2001 by Ord. No. 01-04R]
(a)
The fee for installing an oil tank or replacement
shall be $65 per 1,000 gallons of capacity.
[Amended 4-21-2010 by Ord. No. 10-02R]
(b)
The fee for installing a furnace or heat-producing
device shall be $70 per device.
[Amended 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R]
(c)
Heads and detectors.
[Amended 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No.
18-16R]
[1]
The fee for 20 or fewer heads or detectors shall
be $80, except for one- and two-family residences (Use Group R-5 of
the Building Code); the fee for five or fewer smoke detectors shall
be $80.
[2]
For 21 to and including 100 heads or detectors,
the fee shall be $168.
[3]
For 101 to and including 200 heads or detectors,
the fee shall be $321.
[4]
For 201 to and including 400 heads or detectors,
the fee shall be $831.
[5]
For 401 to and including 1,000 heads or detectors,
the fee shall be $1,150.
[6]
For over 1,000 heads or detectors, the fee shall
be $1,469.
[7]
In computing fees for heads and detectors, the
number shall be counted separately, and two fees, one for heads and
one for detectors, shall be charged.
(d)
The fee for standpipes shall be $321 per standpipe.
[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(e)
The fee for installation of a gasoline fuel
tank, replacement or demolition shall be $500.
[Amended 4-21-2010 by Ord. No. 10-02R]
(f)
The fee for installing a premanufactured fire-suppression
system shall be $129.
[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(g)
The fee for installing a gas- or oil-fired appliance
not connected to the plumbing system shall be $65.
[Amended 11-13-2006 by Ord. No. 06-23R; 4-21-2010 by Ord. No. 10-02R]
(i)
The minimum subcode fee shall be $80.
[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(5)
The Mechanical Subcode fees shall be:
(a)
The fee for installation of air systems shall
be $0.001 per cubic foot of heated volume.
(b)
The fee for installation of water or steam systems
shall be $5 per heat dispensing device.
(c)
The fee for installing an independent preengineered
system shall be $65 each.
(d)
The minimum subcode fee shall be $80.
[Amended 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No.
06-23R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(6)
The Energy Subcode fee shall be: no fee.
(7)
The Barrier-Free Subcode fees shall be: no fee.
(8)
The Asbestos Hazard Abatement Subcode fees shall be
$50.
(9)
Demolition:
[Amended 4-11-2001 by Ord. No. 01-04R; 11-13-2006 by Ord. No.
06-23R; 4-21-2010 by Ord. No. 10-02R]
(a)
The fee for a demolition or removal permit shall be $1,000 for a
structure of less than 5,000 square feet in area and less than 30
feet in height for one- and two-family residences (Use Group R-5 of
the Building Code) and $2,000 for all other use groups. Demolition
of all other residential accessory structures such as, but not limited
to, decks, sheds, swimming pools (both in-ground and aboveground):
$100.
(b)
Oil tank demolition and/or abandonment: $80.
[Amended 9-4-2018 by Ord.
No. 18-16R]
(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 $35 per $1,000 of the sum of the estimated cost of moving
the building or structure, and all work necessary for placement in
completed condition in the new location, plus $0.01 per cubic foot
of volume for the new part of the building or structure, provided
that the minimum fee shall be $1,000.
[Amended 4-21-2010 by Ord. No. 10-02R]
(11)
The fee for a permit to construct a sign shall
be $4 per square foot of surface area of the sign, provided that the
minimum fee shall be $80. In the case of double-faced signs, the area
of the surface of only one side of the sign shall be used for purposes
of the fee computation. No fee shall be charged for traffic control
signs required by the Joint Planning Board and Zoning Board of Adjustment.
[Amended 4-11-2001 by Ord. No. 01-04R; 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(12)
The fee for a permit for installation of an
elevator shall be $200 per elevator.
(13)
Any fees which are not specifically provided
for herein, including annual construction permits, shall be the same
as provided in N.J.S.A. 5:23-4.20.
(14)
Whenever an application for a permit is amended
for whatever reason, the permit fee shall be recomputed on the basis
of the amended application, and the difference in the fees shall be
paid, with a minimum additional fee for processing such amendment
of $50.
[Amended 4-21-2010 by Ord. No. 10-02R]
(15)
If a permit has expired, the renewal fee shall
be 50% of the original permit fee. The minimum fee shall be $80 per
subcode.
[Amended 4-21-2010 by Ord. No. 10-02R; 9-4-2018 by Ord. No. 18-16R]
(16)
Whenever work shall have started without the
necessary permit having been obtained, a late permit fee of 100% of
the fee for the required permit shall be paid in addition to any fine,
penalty or injunctive relief otherwise fixed by law.
(17)
No refund shall be given to an applicant after
30 days from the issuance of a permit. Between the issuance of a permit
and the end of the 30 days, the Construction Code Official may, in
his/her sole discretion, determine that the Borough shall retain 20%
of the cost of the permit paid for plan review.
[Amended 4-21-2010 by Ord. No. 10-02R]
(18)
Penalties.
All moneys collected shall be subject to the penalty provisions of
the Uniform Construction Code. All penalties collected shall be retained
by the Borough in a special trust account for the training, technical
support programs, certification, new equipment and transportation.
[Added 4-21-2010 by Ord.
No. 10-02R[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection B(18) through (21) as Subsection B(19) through (22), respectively.
(19)
The fee for variation applications shall be:
[Amended 4-21-2010 by Ord. No. 10-02R]
(a)
Class I structure: $400 per submission.
(b)
All other classes of structures: $100 per submission.[2]
[2]
Editor's Note: Former Subsection B(19), pertaining
to inspections performed outside normal business hours, which immediately
followed this subsection, was repealed 11-13-2006 by Ord. No. 06-23R,
which ordinance also renumbered former Subsections B(20) through B(22)
as B(19) through B(21).
(20)
The fee for certificates of occupancy shall
be:
(a)
The fee for a certificate of occupancy for new
construction and for renovation or repairs shall be in the amount
of 10% of the new construction permit fee which would be charged by
the Department pursuant to this chapter, and the minimum fee shall
be $100, except for fences, walls or other unspecified construction
which shall have a minimum fee of $10.
[Amended 4-11-2001 by Ord. No. 01-04R; 4-21-2010 by Ord. No. 10-02R]
(b)
The fee for a temporary certificate of occupancy
shall be $25.
(c)
The fee for a certificate of continued occupancy
shall be $75.
(d)
The fee for a certificate of occupancy granted
pursuant to a change of use shall be $150.
[Amended 4-11-2001 by Ord. No. 01-04R]
(e)
The fee for a multiple certificate of occupancy
shall be $10 per unit and a minimum of $100.
[Amended 4-21-2010 by Ord. No. 10-02R]
(f)
Any fees under this subsection shall be paid
before any certificate of occupancy is issued.
(21)
The fee for certificates of approval certifying
that the work done under a construction permit has been satisfactorily
completed (including inspection fees) shall be: no fee.
[Amended 4-11-2001 by Ord. No. 01-04R]
(22)
The fee for certificates of continued approval
certifying the satisfactory reinspection of equipment requiring periodic
inspection shall be as follows, payable prior to issuance of the certificate:
(23)
Whenever there shall be a change of contractor: $55.
[Added 9-4-2018 by Ord.
No. 18-16R]
C.
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 other expenses of the municipality fairly
attributable to the enforcement of the State Uniform Construction
Code.
D.
The fees contained in this section shall not apply
to the Borough of Fanwood itself.
E.
No fee shall be charged for any newly constructed
residential development which is to consist entirely of units legally
restricted to occupancy by households of low or moderate income.
[Added 12-27-1989 by Ord. No. 89-18RA]
F.
Notwithstanding anything herein contained in this
section, or the State Uniform Construction Code Act, P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.), to the contrary, 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 a disabled
person to an existing public or private structure or any of the facilities
contained therein.
[Added 11-5-1999 by Ord. No. 99-10R; 7-13-2010 by Ord. No.
10-10R]
(1)
A disabled person, or a parent or sibling of a disabled
person, shall not be required to pay any Borough fee or charge in
order to secure a construction permit for any construction, reconstruction,
alteration or improvement which promotes accessibility to the disabled
person's own living unit.
(2)
For purposes of this subsection, "disabled person"
shall mean 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 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 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 20 degrees shall be considered as having
a central visual acuity of 20/200 or less.
(3)
Any person claiming to be disabled, or the parent or sibling of a disabled person, as set forth in Subsection F(2) above, shall provide to the Construction Official an affidavit certifying that the person is disabled as fully described above. The Construction Official may, at his or her option, require a person claiming to be disabled within the context of this subsection to produce a statement from a doctor certifying that such person does satisfy the definition contained herein.
G.
Waiver of certain fees due to damage caused by Hurricane Sandy and
the northeaster of November 7, 2012.
[Added 12-18-2012 by Ord. No. 12-16R]
(1)
Notwithstanding
anything herein contained in this section to the contrary, no person
shall be charged a construction permit fee or enforcing agency fee
in an amount which is greater than $25 for any construction, reconstruction,
alteration or improvement which is designed and undertaken solely
to repair damage to the applicant’s home in the Borough caused
by Hurricane Sandy and/or the succeeding northeaster, which took place
on November 7, 2012, (collectively the "2012 storms"), and which caused
widespread damage to homes in the Borough between October 29, 2012,
and November 11, 2012. Each application for a building permit shall
be considered a separate instance for which the limit of $25 shall
apply. Each applicant shall still be responsible for payment of any
and all New Jersey State permit fees.
(2)
Any person seeking a limitation on the fees to be paid pursuant to Subsection G(1) above shall make application to the Construction Official on a form to be prepared by the Construction Official. The Construction Official shall be the sole determiner as to whether the damage sought to be repaired was caused by one or both of the 2012 storms, either directly or indirectly, and this determination shall be applied liberally by the Construction Official in favor of the applicant.
(3)
Any person seeking relief pursuant to this Subsection, § 12-10G, shall make application to the Construction Official on or before May 1, 2013, and shall complete all such repairs on or before October 31, 2013. The Construction Official shall not grant any extensions of any of the times set out in this paragraph.
(4)
Any
person who seeks relief pursuant to this section and satisfies the
requirements of the Section, but makes payment of the applicable construction
Permit fee or enforcing agency fee in excess of $25 (excluding the
New Jersey State permit fees) prior to the date when this section
takes effect, shall be entitled to a refund of the amount over the
$25, so long as the Construction Official certifies that the work
involved was caused by one or both of the 2012 storms.
[Amended 4-11-2001 by Ord. No. 01-04R]
A.
Notwithstanding anything herein to the contrary, the
State Uniform Construction Code and the Construction Code Regulations
shall govern in the event of any conflict.
B.
In the event the Department of Community Affairs determines
the need to add, increase, or delete any of the aforementioned fees,
the fee schedule for the Department of Inspectors for the Borough
of Fanwood shall be automatically adopted and the new fees be implemented
accordingly, and published in the official Borough newspaper.
[Added 8-21-2023 by Ord. No. 23-12-R]
A.
Inspections and standards. The housing/multiple dwelling state inspection
officer is authorized and empowered to inspect all rental dwelling
units offered for rent to determine the condition thereof, and to
order the repair or alteration of any deficiencies found by him or
brought to his attention, in order to safeguard the health, safety
and welfare of the occupants and the general public. Violations of
the Code shall be specified in writing and provide a time frame for
repair of same. The standards established by the New Jersey Housing
Code (N.J.A.C. 5:28) shall apply. In addition to the standards set
forth in the New Jersey Housing Code, the following shall apply:
(1)
Parking: Parking at all rental dwelling units shall be governed by
the standards set forth in N.J.A.C. 5:21-4. 14.
(2)
Occupancy: Occupancy at all rental dwelling units shall be governed
by the standards set forth in N.J.A.C. 5:10-22.3.
(3)
Lead-Based Paint Inspection. Inspections for lead-based paint in
rental dwellings units shall be governed by the standards set forth
in N.J.S.A. 52:27D-437.1 et seq. A dwelling unit in a single-family,
two-family, or multiple rental dwelling shall not be subject to inspection
and evaluation for the presence of lead-based paint hazards if the
unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(c)
Is in a multiple dwelling that has been registered with the
Department of Community Affairs as a multiple dwelling for at least
10 years, either under the current or a previous owner, and has no
outstanding lead violations from the most recent cyclical inspection
performed on the multiple dwelling under the "Hotel and Multiple Dwelling
Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.);
(d)
Is a single-family or two-family seasonal rental dwelling which
is rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
(e)
Has a valid lead-safe certification.
B.
Required inspections.
(1)
Inspections:
(a)
General inspection: The owner, landlord and/or agent of every
rental dwelling unit offered for rental shall be required to have
an inspection of the facility done by the housing/multiple dwelling
state inspection officer prior to the rental thereof. The housing/multiple
dwelling state inspection officer shall inspect every rental dwelling
unit prior to any occupancy or re-occupancy of the dwelling.
(b)
Lead-based paint inspection: The owner, landlord and/or agent
of every single-family, two-family, and/or multiple dwelling units
offered for rental shall be required to obtain an inspection of the
unit for lead-based paint hazards every three years, or at tenant
turnover, whichever is earlier.
(2)
Notice: Whenever any rental dwelling is scheduled for a change in
occupancy, the then-current owner shall provide written notice to
the housing/multiple dwelling state inspection officer that an inspection
is needed at least 20 days' prior to the scheduled change.
(3)
Time for inspections: All inspections and re-inspections shall take
place within 10 working days of the requested inspection. Inspection
fees shall be paid prior to the inspection. No inspections or re-inspections
shall take place unless all fees are paid. Scheduled inspections or
re-inspections may be canceled by the Borough unless the completed
application and required fees have been received by the Borough at
least 24 hours prior to the scheduled inspection or on the last working
day prior to the scheduled inspection. Every inspection where the
landlord, tenant, owner or agent has failed to provide access for
inspection shall be deemed a failed inspection.
(4)
Fees for inspection:
(a)
Visual lead assessment inspection: CO inspections on rental
properties built before 1978 will include the visual lead assessment
inspection as well as the CACO fee.
(b)
Lead base paint dust wipe inspection: In addition to the general
inspection fees due pursuant to this section, an additional fee in
the amount of $200 shall be paid for each lead-based paint inspection.
Alternatively, a dwelling owner of landlord may directly hire a private
lead evaluation contractor who is certified to provide lead paint
inspection services by the Department of Community Affairs to satisfy
the requirements of Sec. 22-346(c)(1)(b), in which case no additional
lead-based paint inspections fee shall be paid.
[Added 8-21-2023 by Ord. No. 23-11-R]
A.
No building or structure shall be occupied or used in whole or part
unless and until a certificate of approval for continued occupancy
has been issued by the Director of Housing The Director of Housing
shall not issue such certificate unless he or she determines, after
inspection, that there are no violations of any applicable laws, ordinances
or orders pending at the time of issuing the certificate. The certificate
shall be issued upon written request from the owner or his authorized
agent.
B.
A certificate of approval for continued occupancy shall be applied
for and obtained prior to the use or occupancy of the whole or any
part of any building undergoing a change in ownership; undergoing
a change of occupancy, except that this provision shall not apply
to a change in the occupancy of less than the whole number of dwelling
units contained within a building containing more than one dwelling
unit when the change of occupancy of such dwelling unit or units occurs
within 90 days of the issuance of a prior certificate of approval
for continued occupancy for such unit or units. Upon receiving an
application for a certificate of approval for continued occupancy,
the Director of Housing or the authorized representative shall make
an inspection of the building or part thereof for which the certificate
is requested and shall forthwith issue the certificate of approval
for continued occupancy if the use and occupancy thereof shall be
in conformity with the Fanwood Borough Code or other applicable ordinances
of the Borough and if the building is safe and does not constitute
a nuisance or hazard likely to result in injuries to persons or damages
to property; in case the Director of Housing shall decline to issue
a certificate of approval for continued occupancy, his or her reasons
for doing so shall be stated to the applicant, and a written statement
thereof shall be transmitted to the applicant on request.
C.
A certificate of approval for continued occupancy shall be issued
to any person having a proprietary or tenancy interest who shall be
held responsible for any violations on the premises. A record of all
certificates shall be kept on file by the Construction Code Official,
and copies shall be furnished to any person having a proprietary or
tenancy interest in the building affected.
D.
Fee for certificate of approval for continued occupancy.
(1)
A fee of $175 shall be charged and paid to the Borough for each original
certificate of approval for continued occupancy for private property,
except that the fee for a certificate of approval for a structure
containing more than one habitable unit shall be $175 per unit and
$1 for each copy thereof. If the property is a rental and was built
before 1978, the fee will be $200 per unit.
[Amended 10-2-2023 by Ord. No. 23-13-R]
(2)
A fee of $200 shall be charged and paid to the Borough for each original
certificate of approval for continued occupancy for commercial property
with a $1 charge for each copy thereof.
E.
Temporary certificate of approval for continued occupancy. If, in
the opinion of the Director of Housing, a time period is required
to conform with the requirements as set forth in the inspection of
said structure or dwelling, a temporary certificate of approval for
continued occupancy may be issued by the Supervisor for a period of
no less than 30 days nor more than 120 days. The fee shall be $175
per unit for private property and $200 per unit for commercial property.
F.
Any owner-occupant of a building, structure or premises, or any architect, builder, contractor, agent or other person employed in connection therewith, who violates this section or assists in the commission of such violation shall be subject to the penalty set forth in § 12-10 of this chapter.
G.
Alarm signaling device.
(1)
Every dwelling unit, prior to the issuance of a certificate of occupancy
or certificate of continued occupancy, shall have installed therein
and maintained thereafter an approved products of combustion detection
alarm system or device, except that any system or device sensitive
only to heat shall not be approved.
(2)
Alarm signaling devices shall be so located as to be clearly audible
in all areas utilized or designated for sleeping purposes when all
intervening doors are closed.
