Borough of North Arlington, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of North Arlington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Fire prevention — See Ch. 165.

Flood damage prevention — See Ch. 173.

Land development — See Ch. 205.

ARTICLE I
Enforcing Agency; Fees; Fire Limits (§ 122-1 — § 122-5) 

ARTICLE II
Certificate of Inspection Permitting Occupancy (§ 122-6 — § 122-16) 

[Adopted 6-30-1977 by Ord. No. 1105 (Ch. 13, Art. I, of the 1984 Code)]

§ 122-1
Establishment of enforcing agency. 

§ 122-2
Appeals. 

§ 122-3
Construction code fees. 

§ 122-4
Exemptions from fees. 

§ 122-5
Fire limits. 

A. 

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

B. 

Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), 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 enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.

Appeals from decisions of the enforcing agency shall be taken to the Bergen County Construction Board of Appeals pursuant to Chapter 217, Laws of New Jersey 1975 (N.J.S.A. 52:27D-119 et seq.), and Title 5, Chapter 23, of the New Jersey Administrative Code.

[Amended 6-14-1983 by Ord. No. 1269; 12-11-1989 by Ord. No. 1475; 4-13-1993 by Ord. No. 1589; 6-4-1996 by Ord. No. 1661; 4-6-1999 by Ord. No. 1756; 5-13-2004 by Ord. No. 1914]
A. 

Building subcode. In the case of a discontinuance of a building project, the plan review fees are 20% of the cost of the permit fee and are not refundable.

Type Fee
Minimum fee $50
New construction, including additions, per cubic foot of volume $0.030
Renovations, alterations, and repairs
Up to first $50,000 in cost, per $1,000 $27
Additionally from $50,001 and including $100,000 in cost per $1,000 $23
Additionally over $100,000 in cost, per $1,000 $19
Reroofing/Nonstructural $75
Building or structural demolition
R-3/R-5 Use Groups, complete $300
All other use groups, complete $300
R-3/R-5 Use Groups, Interior only $150
All other use groups, interior only $150
Garage or accessory building demolition
R-3/R-5 Use Groups $150
All other use groups $150
Moving of a building, per $1,000 of estimated cost of work $26
Asbestos abatement fee, construction permit $100
Lead hazard abatement
Lead hazard abatement work $140
Lead abatement clearance certificate $50
Swimming pools
Residential aboveground $50
Residential in-ground $150
Commercial aboveground $150
Commercial in-ground $400
Temporary structures
Sheds, each $25
Houses and construction trailers $100
Tents, each $75
Signs
Minimum fee $60
Fee based on one side of double-sided sign, per square foot $2
B. 

Electrical subcode. Electrical devices (i.e., lighting outlets, convenience receptacles, wall switches, smoke, heat, and carbon monoxide detectors, fluorescent fixtures, fractional horsepower motors, emergency lights, exit lights, communication points fire alarm devices, fire alarm control panel).

Type Fee
Minimum fees $40
1 to 20 devices $50
Each additional 20 devices $15
Motors (all except those in plug-in appliances)
1 to 10 horsepower $15
11 to 50 horsepower $50
51 to 100 horsepower $100
Over 100 horsepower $460
Appliance equipment
1 to 10 kilowatts $15
11 to 45 kilowatts $50
46 to 112.5 kilowatts $100
Over 112.5 kilowatts $460
Transformers, generators
1 to 10 kilowatts $15
11 to 45 kilowatts $50
46 to 112.5 kilowatts $100
Over 112.5 kilowatts $460
Service entrance, panel, subpanel or disconnect
Up to 100 amps $50
101 to 200 amps $75
201 to 1,000 amps $120
Over 1,000 amps $450
Air-conditioning units (includes disconnect, compressor/condenser, air handler), each $46
Replacement of any system part $36
Burglar alarm system $50
Swimming pools, hot tubs, spas, and fountains (includes receptacle, switch, trench, bonding) $75
Jacuzzi $40
Certificate of compliance, annual inspection for public swimming pools, spas, hot tubs $75
Communication closet $50
Outdoor light pole $50
Utility load management device $50
C. 

Plumbing subcode.

Type Fee
Minimum Fee $40
Fixtures (i.e., lavatories, kitchen sinks, basins, urinals, water closets, bathtubs, shower stalls, sill cocks, laundry tubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, and similar devices), each $20
Stacks, each $65
Special devices (i.e., grease traps, oil separators, refrigeration units, utility service connections, backflow prevents, gas service interceptors, and fuel oil piping), each $75
Utilization equipment (i.e., steam boilers, hot-water boilers, warm-air furnaces), each:
R-3/R5 Use Groups $50
All other use groups $75
Air-conditioning units:
R-3/R-5 Use Groups $30
All other use groups $65
Water Heaters, each:
R-3/R-5 Use Groups $40
All other use groups $65
Gas piping, each:
R-3/R-5 Use Groups $40
All other use groups $75
Vapor recovery systems, each $75
Each domestic water service or domestic sewer connection $60
Each commercial water service or domestic sewer connection $100
Required annual reinspections (i.e., cross connections, backflow preventers) $75
D. 

Fire subcode.

Type Fee
Minimum fee $50
Sprinkler systems, each:
Pipe schedule $65
Hydraulically calculated $65
R-3/R-5 Use Groups, 20 or fewer heads $50
Sprinkler system heads, all use groups:
1 to 20 heads $65
21 to 100 heads $125
101 to 200 heads $300
201 to 400 heads $650
401 to 1,000 heads $850
Over 1,000 heads $1,200
Sprinkler system supervisory devices (i.e., Tamper switches, low/high air) each: $15
Standpipes, each: $250
Fire alarm systems
Control Panel, R-3/R-5 Use Groups, each $50
Control Panel, all other use groups, each $75
Fire alarm system devices (i.e., smoke detectors, heat detectors, carbon monoxide detectors, pull stations, water flow alarms)
1 to 20 devices $65
21 to 100 devices $125
101 to 200 devices $300
201 to 400 devices $650
401 to 1,000 devices $850
Over 1,000 devices $1,200
Fire alarm system security devices (i.e., door locks, electromagnetic releases) each $20
Fire alarm system signaling devices (i.e., horns, strobes, bells) each $10
Independent pre-engineered system, each
Wet chemical system $100
All other systems $200
Gas- or oil-fired appliances, each
R-3/R-5 Use Groups $50
All other use groups $75
Metal chimney liner installation, each $50
Exhaust systems, each
Commercial kitchen $100
Smoke control system $200
Incinerators, each $375
Crematorium, each $375
Fuel storage tanks
R-3/R-5 Use Groups, install, remove, or abandon, each $50
All other use groups, install, remove, or abandon
   Up to 275 Gallons, each $100
   276 gallons to 1,000 gallons $200
   Each additional 500 gallons $25
   Fire pump, each $100
E. 

Elevator fee. The percentage of the current departmental fees pursuant to N.J.A.C. 5:23-4.20(c) 6 and 7 and N.J.A.C. 5:23-12.6(a) (b) and (c) as established by the contract between the third-party agency and the Borough of North Arlington.

F. 

Certificate of occupancy fees.

Type Fee
New construction
Use Groups R-2, R-3 and R-5 $100
All other use groups $200
Alterations/Renovations
Use Groups R-2, R-3 and R-5 $50
All other use groups $150
Sale or transfer of owner/renter of property
Residential (per unit) $50
Business/Mercantile $200
All other uses $300
Change of use group $160
Certificate of continued occupancy $250
Temporary certificate of occupancy $30
Asbestos abatement certificate of occupancy $20
G. 

Inspections and permit fees.

Type Fee
Mechanical inspection, Group R-3 or R-5
First device $75
Each additional $10
New Jersey State permit surcharge fee As required by N.J.A.C. 5:23-4.19
Reinstatement of lapsed permit Minimum of applicable subcode section
H. 

Variation fees. In accordance with N.J.A.C. 5:23-2.10 shall be:

Type Fee
Class I structures $595
Class II and III structures $120
For resubmission of an application:
Class I structure $140
Class II and III structure $65
A. 

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

B. 

No disabled person, or a parent or sibling of a disabled person, shall be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his/her own living unit.

C. 

For the purposes of this section, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include but not be limited to any 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 sixty-percent 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° shall be considered as having a central visual acuity of 20/200 or less.

D. 

No entity that is organized pursuant to the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1 et seq., shall be charged enforcement agency fees.

A. 

Fire limits shall be established pursuant to N.J.A.C. 5:23 by ordinance prior to July 1, 1977.

B. 

The Construction Code Official shall prepare and submit to the Mayor and Council biannually a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Code Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.

[Adopted 6-14-1983 by Ord. No. 1269 (Ch. 13, Art. II, of the 1984 Code)]

§ 122-6
Certificate required before occupancy. 

§ 122-7
New occupancy or reoccupancy. 

§ 122-8
Definitions; applicability. 

§ 122-9
Exemption for hotels, motels and rooming houses. 

§ 122-10
Effect on other municipal ordinances. 

§ 122-11
Application for certificate. 

§ 122-12
Violations and penalties. 

§ 122-13
Issuance by Construction Code Official; fees. 

§ 122-14
Compliance with ordinances required. 

§ 122-15
Notification when inspection may be made. 

§ 122-16
Compliance with procedures required. 

[Amended 1-10-1984 by Ord. No. 1284; 4-8-1986 by Ord. No. 1354]

No person shall occupy, rent, lease, transfer title to or suffer the occupancy of, the letting of or allow any person to live in or upon, inhabit as a tenant or tenants or occupants or to occupy as a new owner or cotenants or co-owner any dwelling house or houses or dwelling units, within the confines of the Borough of North Arlington, unless and until that person shall have first obtained from the Construction Code Official or his/her agent of the Borough of North Arlington a certificate of inspection permitting occupancy and a permit authorizing any of the foregoing when any of the foregoing shall take place subsequent to June 1, 1983. Transfers of title may take place after application of a certificate of inspection for occupancy, but no occupancy shall be permitted until all items designated for correction by the Construction Code Official or his/her agent are made and completed, except as hereinafter provided.

[Amended 1-10-1984 by Ord. No. 1284; 4-8-1986 by Ord. No. 1354]

The provisions of § 122-6 shall apply with equal force and effect to any and all new and additional lettings, tenants, transfers of title of premises or any part thereof and occupancies of any dwelling house or houses or dwelling units, within the Borough, upon vacating of same by any of the foregoing as may hereafter occur, whether the reoccupancy is by virtue of transfer of title of the dwelling house or houses or dwelling unit or dwelling units or by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated. The foregoing requirements for §§ 122-6 and 122-7 shall be effective whether the occupancy, rental, lease or transfer of title is temporary, seasonal or permanent, or whether or not for a consideration.

A. 

As used in this article, the following terms shall have the meanings indicated:

DWELLING HOUSE
Includes, but is not limited to, any and all one-family dwellings constructed for or occupied by more than one family, not excluding apartments in apartment houses and garden apartments.
DWELLING UNIT
Includes, but is not limited to, any and all apartments and portions of apartments in dwelling houses, not excluding apartments in apartment houses and garden apartments.
B. 

This article shall apply to each and every dwelling house as aforesaid and to each and every dwelling unit as aforesaid within the Borough and shall include all single and multiple dwellings and premises on which a building is located and is used for human occupancy.

Licensed hotels, motels and rooming houses that are annually examined and licensed by the Borough shall be exempt from the rental portions of this article only, provided that they keep an accurate register giving true names and addresses of all persons occupying any rooms for any period of time.

Nothing contained in this article shall exempt any of the dwellings or buildings, or parts of buildings, covered by this article from full and complete compliance with any other provisions of any other ordinance or ordinances of the Borough of North Arlington as the same may be applicable.

A. 

Prior to the rental, transfer of title or occupancy of any dwelling house or houses or any dwelling unit or units provided for in this article, application for certificate of inspection permitting occupancy shall be made in writing to the Construction Code Official or his/her agent of the Borough by that person, persons, firm or corporation, agent, servant or representative as set forth in § 122-6, and consent shall be given therewith unto the Construction Code Official or his/her agent to enter upon and examine the dwelling house or houses and dwelling unit or units and the building or buildings wherein the same may be situate, for which the application is applied for, so that the Construction Code Official or his/her agent may determine whether or not the dwelling unit or units and the building wherein the same may be situate fully comply with all municipal ordinances and rules and regulations affecting the use and occupancy of all such dwelling houses and dwelling units and structures. No certificate of inspection permitting occupancy shall be issued unless there is full and complete compliance with all of the foregoing, unless otherwise specified in writing by the Construction Code Official or his/her agent.

B. 

All applications for such certificates, as aforesaid, shall be made in writing and shall state the name and address of the owner of the dwelling house or houses, the dwelling unit or units and the building or structure wherein the same may be situate, and the name and address of the owner-occupant or tenant-occupant or any other occupant of the same, and also the name and address, if a sale or transfer of title of the seller, transferor, buyer and the new proposed owner-occupant or any other purposes occupant, and shall further state the name and address of the renting agent, if any, and shall describe the premises to be occupied, including the street address thereof, and a designation of the portion or portions of the premises or structures for which the specific application is being made, and shall set forth the number of persons who shall occupy any and all portions of the premises, including the specific portion for which the application is being made, and the specific room or rooms in the premises to be occupied for sleeping purposes and the number of persons to occupy each sleeping room.

A. 

Any person or persons or partnership or firm or corporation, including any real estate broker or real estate agent or any representative, servant or employee of any of the foregoing, who in any manner fails to fully comply with the terms and covenants of this article and who is part of any transaction resulting in the violations of any of the terms and provisions of this article shall be deemed to have violated the terms and provisions of this article and is subject to the penalties provided in this article for violation of the same, unless and until a certificate of inspection permitting occupancy as aforesaid shall have been issued.

B. 

All violations of this article by any person or persons, partnership, firm or corporation, or any agents or servants or representatives as provided herein, whether the person is the owner of the premises, the agent of any party as aforesaid or the tenant or the occupant or occupants, shall be deemed separate and distinct violations for each and every day that said violation may continue, and all parties violating this article shall be deemed jointly and severally liable for any and all such violations.

[Amended 5-13-2004 by Ord. No. 1914]

A certificate of occupancy to be issued under the terms of this article shall be issued solely by the Construction Code Official or the Official's agent without the necessity of approval therefor by the governing body of the Borough of North Arlington. The fee for issuance of such certificate as provided for herein shall be as provided in § 122 3 of this chapter.

All buildings or structures or dwelling houses or dwelling units for which application shall have been filed by virtue of this article shall fully comply with all other municipal ordinances or requisite municipal requirements for the structures or units. The Construction Code Official or his/her agent shall be required to specify the corrections to be made to the premises for the certificate to be issued.

All owners or renting agents of real estate or person or persons applying for a certificate as provided herein shall advise the Construction Code Official or his/her agent of a reasonable time or times that the inspection may be made and have someone present to assist and provide entry for inspection purposes. The Construction Code Official or his/her agent shall comply with the request and application within a reasonable time after entry is provided and, when proper, shall issue the certificate within a reasonable time thereafter.

No tenant, owner or occupant shall sublease, sublet, transfer title (except as heretofore provided), permit the use of the occupancy of the dwelling house, dwelling unit or structure provided for herein without following the procedures set forth and required by this article, nor shall any real estate broker or agent or representative of any of the foregoing permit any violation of this article.