[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 10-12-1988 by Ord. No. 88-20RA (Ch. 12A of the 1971 Code). Amendments noted where applicable.]
A. 
There is hereby established in the Borough of Fanwood a State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) enforcing agency to be known as the "Building Department" ("Department").
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The Construction Official shall be the chief administrator of the Department.
Each official position created in § 12-3 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 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.
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.
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]
[1] 
In-ground pools:
[a] 
From $1 to $2,500 valuation: $100.
[b] 
From $2,501 to $5,000 valuation: $200.
[c] 
From $5,001 to $10,000 valuation: $400.
[d] 
Above $10,000: $500.
[e] 
Electrical: $225 (bonding and grid).
[Amended 4-21-2010 by Ord. No. 10-02R]
[f] 
Plumbing: $70.
[Added 4-21-2010 by Ord. No. 10-02R]
[2] 
Aboveground pools:
[Amended 4-21-2010 by Ord. No. 10-02R]
[a] 
One-dollar valuation and up: $100.
[b] 
Electrical: $120 (bonding and grid).
[c] 
Plumbing: $70.
(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]
(k) 
Data:
[Added 4-21-2010 by Ord. No. 10-02R; amended 9-4-2018 by Ord. No. 18-16R]
[1] 
Commercial, one to 50: $125. Each additional 25 contacts: $50.
[2] 
Residential, one to 50: $80. Each additional 25 contacts: $25.
(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]
(h) 
The fee for installing a kitchen exhaust system shall be:
[Amended 4-21-2010 by Ord. No. 10-02R]
[1] 
Residential: $60.
[2] 
Commercial: $125.
(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 Planning Board.
[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; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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 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 renumbered former Subsection B(18) through (21), of the 2001 Code, 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, of the 2001 Code, which immediately followed, was repealed 11-13-2006 by Ord. No. 06-23R. This ordinance also renumbered former Subsection B(20) through (22), of the 2001 Code, as Subsection B(19) through (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:
(a) 
Signs: $25 each.
(b) 
Elevators: $75 each.
(c) 
Cross-connections and backflow preventions: $50 each.
(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' Administration. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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/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.[3]
[3]
Editor's Note: Former Subsection G, providing for the waiver of certain fees due to damage caused by the 2012 storms, of the 2001 Code, added 12-18-2012 by Ord. No. 12-16R, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Notwithstanding the provisions of the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules, regulations or standards adopted pursuant thereto to the contrary, a person who has a service-connected disability declared by the United States Veterans' Administration, or its successor, to be a total or 100% permanent disability that would entitle him/her to a property tax exemption under Section 1 of P.L. 1948, c. 259 (N.J.S.A. 54:4-3.30), or a spouse, parent, sibling, or guardian of the disabled veteran, shall not be charged a construction permit fee for any construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by the disabled veteran to or within his/her own living unit.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[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 Building Department for the Borough of Fanwood shall be automatically adopted and the new fees be implemented accordingly, and published in the official Borough newspaper.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[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/her or brought to his/her 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/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/her 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/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 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.