[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-30-1977 by Ord. No. 1105 (Ch.
13, Art. I, of the 1984 Code)]
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; 6-11-2015 by Ord. No. 2148; 8-13-2015 by Ord. No. 2160]
A.
General.
(1)
The basic construction fee shall be the sum of the parts computed
on the basis of the volume or cost of construction, the number of
plumbing fixtures and pieces of equipment, the number of electrical
fixtures and devices, the number of sprinklers, standpipes, alarm
devices (horns, pull stations, access control devices and like devices)
and detectors (smoke, heat and like devices), at the unit rates and/or
the applicable flat fees as provided herein, plus any special fees.
The minimum fee for a basic construction permit covering any or all
of building, plumbing, electrical or fire protection work shall be
$65.
(2)
Waiver; disabled persons. No person shall be charged a local construction
permit 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.
Plan review fee.
(1)
The fee for plan review shall be 20% of the amount to be charged
for a new construction permit.
(2)
The amount paid for this fee shall be credited toward the amount
of the fee to be charged for the construction permit. This fee shall
not be refundable even if the work is not started or completed or
the permit is not obtained or approved.
C.
Building fee; new construction or alteration.
(1)
Fees for new construction shall be based upon the volume of the structure.
Volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
(a)
Use Groups R-3, R-4, and R-5 (residential one- and two-family
dwellings) shall be in the amount of $0.0371 per cubic foot of building
or structure volume, provided that the minimum fee shall be at least
$400.
(b)
Use Groups A, B, E, F, H, I, M, R-1 and R-2 shall be in the
amount of $0.055 per cubic foot of building or structure volume, provided
that the minimum fee shall be at least $500.
(c)
Use Group U, accessory structure, shall be in the amount $150.
(d)
Use Group "Large Open Volume Buildings" shall be in the amount
of $0.0300 per cubic foot of building or structure volume, provided
that the minimum fee shall be at least $600.
(2)
Fees for renovations, alterations and repairs or site construction
associated with premanufactured construction, and the external utility
connection for premanufactured construction, shall be based upon the
estimated cost of the work:
(a)
The fee shall be $65 for the first $1,000 of the estimated cost
of work, and $18 per $1,000 thereafter. For the purpose of determining
estimated cost, the applicant may be requested to submit to the Construction
Official such cost data as may be available as 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, may be
requested. The Construction Official shall make the final decision
regarding estimated cost.
(3)
Fees for additions shall be computed on the same basis as new construction
for the added portion, provided that the minimum fee for residential
one- and two-family dwellings shall be $100.
(4)
Fees for combination renovations and additions shall be computed
as the sum of the fees computed separately in accordance with the
subsections above.
(5)
The fee for tents in excess of 900 square feet or more than 30 feet
in any dimension shall be $92, when required.
(6)
In order to provide for the training, certification and technical
support programs required by the Act, the enforcing agency shall collect
a surcharge fee to be based upon the volume of new construction or
the value of construction for other types of construction within the
municipality. Said fee shall be accounted for and forwarded to the
Bureau of Regulatory Affairs. This fee shall be in the amount as set
forth in N.J.A.C. 5:23-4.19b. For the purpose of calculating this
fee, volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
D.
Plumbing fees; fixtures and equipment.
(1)
For the purpose of computing fees:
(a)
Plumbing fixtures shall include but not be limited to each vent
through roof stacks, lavatories, kitchen sinks, slop sinks, sinks,
urinals, water closets, bathtubs, shower stalls, laundry tubs, floor
drains, washing machine connections, hose bibs and similar fixtures
connected to the plumbing system.
(b)
Plumbing appurtenances shall include but not be limited to devices,
a manufactured device or an on-the-job assembly of component parts
which is an adjunct to the basic piping system and plumbing fixtures,
gas utility service connections, pressure-reducing valves, backflow-prevention
devices, double-check valve assembly, vacuum breakers, grease traps,
oil separators, refrigeration units, interceptors and similar devices.
(c)
Plumbing appliances shall include but not be limited to hot-water
heaters, tankless heaters, heat exchangers, water storage tanks solar
panels, water pressure booster systems, sump pumps, dishwashers, ice
makers, instant hot water coils, boilers, sewerage ejectors, sterilizers,
aspirators, water-cooled air-conditioning units, water conditioners
and similar equipment.
(3)
The fee for the installation or replacement of a plumbing appurtenance
and/or special device: $75 each.
(5)
The fee for the installation or replacement of a plumbing appliance:
$65 each.
(6)
The fee for the installation, repair or replacement of a house or
building sewer line: $85.
(8)
The fees for the installation, repair or replacement of a house or
building water service line: $65.
(9)
Installation of new or the replacement of commercial refrigeration
equipment or air-conditioning equipment: $100 per unit.
(11)
The fee for installation or replacement of subsoil drains: $50.
(12)
The fee for the removal or abandonment in place of a sewage
disposal system and/or septic tank: $125.
(13)
The fee for the installation or replacement of roof drains and/or
area drains: $25; except there is no fee for Use Groups R-3, R-4,
and R-5.
(14)
The fee for gas line piping: $40 per each appliance connection.
(15)
The fee for the installation or replacement of oil lines or
oil tank piping: $75 each.
E.
Electrical fees; fixtures and devices.
(1)
Receptacles, fixtures and devices to be counted are lighting fixtures,
wall switches, convenience receptacles, sensors, dimmers, alarm devices,
smoke, heat and CO detectors, communications outlets, light standards
eight feet or less in height, including luminaries, emergency lights,
electrical signs, exit lights or similar electrical fixtures and devices
rated 20 amps or less, including motors or equipment rated less than
1 hp or 1 kw.
(3)
Service panels, service entrances or subpanels, inverters for solar
panels, temporary wiring and decorative displays not over 60 days,
temporary wiring fees, with no additional charge for temporary light
fixtures:
(a)
Less than or equal to 100 amperes: $65 each.
(b)
From 101 amperes to 200 amperes: $75 each.
(c)
From 201 amperes to 300 amperes: $100 each.
(d)
From 301 amperes to 400 amperes: $300 each.
(e)
From 401 amperes to 800 amperes: $400 each.
(f)
From 801 amperes to 1,000 amperes: $500 each.
(g)
From 1,001 amperes to 1,200 amperes: $750 each.
(h)
Greater than 1,201 amperes: $950 each.
(i)
Additional meters included with service: $45 each.
(4)
Transformers, generators, equipment and appliances, including electrical
range oven, dishwasher, dryer, water heater, boiler, furnace, air
conditioner, space heater, therapeutic or whirlpool tub or spa, or
any other fixed or plug-in appliance:
(7)
Swimming pools and spas:
(a)
Bonding of reinforced steel, ladders, sockets, diving boards,
etc: $75.
(b)
Pool lights: $50 each.
(c)
Pool pump, filter, motors: $65 each.
(d)
Additional equipment: apply motor schedule or other fee as per
this schedule. No permit to be issued for bonding only.
(e)
Aboveground pool, one inspection: $65.
(8)
Ongoing inspections. The fees for ongoing inspections in accordance
with the provisions under N.J.A.C. 5:23-2.23(l) for electrical inspections,
bonding and grounding certificates for swimming pools, spas or hot
tubs: $75.
(9)
For electrical work requiring replacement of service entrance conductors
or feeder conductors only, the fee shall be in accordance with above
based on the designated ampere rating of the overcurrent device or
the service or feeder.
(10)
For the purpose of computing these fees, all electrical and
communications devices, utilization equipment and motors which are
part of premises wiring, except those which are portable plug-in type,
shall be counted.
F.
Fire protection and other hazardous equipment, including sprinklers,
standpipes, detectors (smoke and heat), alarm devices (horns and pull
stations) pre-engineered suppression systems, gas and oil-fired appliances
not connected to the plumbing system, kitchen exhaust systems, incinerators
and crematoriums.
(2)
Fire-suppression system pump: $500.
(3)
Fire-suppression system standpipe: $250 each.
(4)
Dry pipe alarm, preaction and similar devices: $100 each.
(6)
Pre-engineered fire-suppression systems: $100 each.
(7)
Gas or oil-fired appliance not connected to the plumbing system:
$65 each.
(8)
Commercial kitchen exhaust system: $100 each.
(9)
Incinerators and crematoriums: $400 each.
(10)
Any equipment, such as but not limited to smoke-control systems
or other systems, that must be reviewed or inspected by the Fire Subcode
Official shall be $65 for the first $1,000 of the estimated cost of
work, and $18 per $1,000 thereafter of estimated cost of work, provided
that the minimum fee shall be at least $100.
G.
Elevator device fees. 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.
H.
Other permits.
(1)
Demolition:
(a)
One- or two-family residences (Use Groups R-3, R-4 and R-5 of
the building code): $500.
(b)
All other use groups: $750.
(c)
Demolition of an accessory structure greater than 99 square
feet, residential one- or two-family uses: $75.
(d)
Demolition of an accessory structure for a commercial or multifamily
structure: $150.
(e)
Interior demolition of a residential one- or two-family structure:
$100.
(f)
Interior demolition of a commercial or multifamily structure:
$200 per floor or per residential dwelling unit.
(g)
The fee for residential tank removal or abandonment for one-
and two-family dwellings (Use Groups R-3 and R-4) shall be $125. All
other use groups shall be $200 per tank.
(2)
The fee for construction of a nonfreestanding sign shall be $75 for
each sign; the fee for construction of a freestanding sign shall be
$100 for each sign.
(3)
The fee for a permit for lead hazard abatement work shall be $85.
(4)
The fee for a permit for asbestos hazard abatement shall be performed
and inspected pursuant to N.J.A.C. 5:23-8.1 et seq. The fees for asbestos
hazard abatements shall be as set forth in N.J.A.C. 5:23-8.
(5)
The fee for plan review of a building for compliance under the alternate
systems and nondepletable energy source provisions of the Energy Subcode
shall be $200 for one- and two-family homes and light commercial structures
having indoor temperature controlled from a single point and $500
for all other structures.
(6)
The fee for an annual construction permit shall be charged annually.
This fee shall be a flat fee based upon the number of maintenance
workers employed by the facility and who are primarily engaged in
work that is governed by a subcode. Managers, engineers and clerks
shall not be considered maintenance workers for the purpose of establishing
the annual construction permit fee. Annual permits may be issued for
building, fire protection, electrical and plumbing. Fees shall be
as follows:
(a)
One worker to 25 workers (including foreman): $600; and each
additional worker over 25 workers: $200.
(b)
Prior to the issuance of the annual permit, a training registration
fee of $140 must be sent by the applicant to the State Department
of Community Affairs, Construction Code Element, Training Section,
along with a copy of the construction permit (form F-170). The check
shall be made payable to "Treasurer, State of New Jersey."
I.
Certificates and variations.
(1)
The fees for the certification of occupancy shall be as follows:
(b)
(c)
The fee for a certificate of occupancy granted pursuant to a
change of use group shall be the same as for new construction.
(d)
The fee for the first renewal of a temporary certificate of
occupancy shall be $25.
(2)
The fee for a certification of approval of asbestos removal shall
be $14.
(3)
The fee for an application for a variation in accordance with N.J.A.C.
5:23-2.10 shall be $125 for residential one- and two-family dwellings
and $200 per commercial structure. There shall be no fee to apply
for an application for a variation due to handicapped accessibility
requirements for residential one- and two-family dwellings.
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)]
[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.
DWELLING HOUSE
DWELLING UNIT
As used in this article, the following terms shall
have the meanings indicated:
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.
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.