[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 11-8-2000 by Ord. No. O:2000-32 (Ch. 17A of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 69.
Exemption from fees for volunteers — See Ch. 140, Art. I.
Unfit buildings — See Ch. 200.
Certificates of habitability — See Ch. 219.
Driveway construction — See Ch. 257.
Fire frevention — See Ch. 311.
Land use procedures — See Ch. 360.
Off-tract improvements — See Ch. 403.
Property maintenance — See Ch. 447.
Site plan review — See Ch. 510.
Subdivision of land — See Ch. 555.
Zoning — See Ch. 625.
A. 
There is hereby established in the Town of Phillipsburg, in the County of Warren, New Jersey, a State Uniform Construction Code enforcing agency to be know as the "Division of Inspections" consisting of a Construction 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 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, as amended,[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
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.
A. 
Appeals from the decisions of the enforcing agency shall be made to the Warren County Construction Board of Appeals pursuant to the administration and enforcement process of the New Jersey Uniform Construction Code regulations.
B. 
Fees for appeals shall be those established by the Warren County Construction Board of Appeals.
[Amended 1-2-2001 by Ord. No. O:2000-36; 10-4-2011 by Ord. No. O:2011-17]
A. 
General.
(1) 
The fee for plan review shall be computed as a percentage of the fee for a construction permit, and shall be paid at the time of the application for a permit or, at the discretion of the Construction Official, be paid at the time of granting the permit. Plan review fees are not refundable.
(2) 
The fee to be charged for a construction permit shall be the sum of the basic construction fees plus all applicable surcharges, flat fees and special fees, such as elevator or sign fees. This fee shall be paid before a permit is issued.
(3) 
The fee to be charged for a certificate for occupancy shall be paid before the certificate is issued. This fee shall be in addition to the construction permit fee.
(4) 
Fees shall be rounded to the nearest dollar amount or to the next larger dollar amount.
(5) 
Whenever the municipality contracts with an on-site agency for plan review and inspection subcode services, the construction permit fees charged for those contracted subcode services shall be Department fees pursuant to N.J.A.C. 5:23-4.20 multiplied by the percentage set forth in the contract between the municipality and the agency. The fee shall not exceed the amount to be paid to the private agency except for the surcharge fee in accordance with § 235-3C(3).
B. 
State of New Jersey training fees.
(1) 
In order to provide for the training, certification and technical support programs required by the Act, the enforcing agency shall collect a surcharge fee, which shall be based upon the volume of new construction within the municipality. Said fee shall be accounted for and shall be remitted to the Treasurer, State of New Jersey, on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31 and June 30 and not later than one month next succeeding the end of the quarter for which it is due.
(2) 
Amount. This fee shall be in accordance with the prevailing New Jersey State permit surcharge fees pursuant to N.J.A.C. 5:23-4.19(b) of the New Jersey Uniform Construction Code.
(a) 
No fee shall be collected for pre-engineered systems of commercial farm buildings.
(b) 
No fee shall be collected for permits to perform asbestos abatement or lead abatement.
(c) 
No fee shall be collected for permits for the construction or rehabilitation of residential units that are to be legally restricted to occupancy by households of low or moderate income, as defined in N.J.A.C. 5:43-1.5.
(d) 
No fee shall be collected for permits for the demolition of a building or other structure.
(e) 
No fee shall be collected for work consequential to a natural disaster when the local code enforcement agency is waiving its fee.
C. 
Enforcing agency fees.
(1) 
Plan review fee. The fee for plan review shall be 5% of the amount to be charged for a new construction permit.
(2) 
Basic construction permit fees. The basic construction permit 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 ratings of electrical devices, the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates and/or applicable flat fees as provided herein plus any special fees.
(3) 
Administrative municipal surcharge fees. The following municipal surcharge fees shall be assessed and shall be in addition to the basic construction permit fees and certificate, flat or other special permit fees as listed in this section. Administrative fees are assessed to defray the additional costs associated with processing the permits or certificates for the following class of permits:
(a) 
There shall be a municipal surcharge fee in the amount of 15% of the cost of a subcode (permit) fee whenever the municipality contracts with a private on-site agency for plan review and inspection services for a technical subcode.
(b) 
There shall be an additional municipal surcharge calculated at 2 1/2 times the herein listed permit fees and it shall be added to the cost of a construction permit whenever the enforcing agency is required to investigate and notify an owner, agent, applicant or contractor to obtain a construction permit for work performed in violation of N.J.A.C. 5:23-2.14 or N.J.A.C. 5:23-2.17A.
(c) 
There shall be an additional surcharge of $125 assessed whenever the enforcing agency is required to investigate or notify an owner, agent, applicant or contractor to abate a certificate of occupancy violation pursuant to N.J.A.C. 5:23-2.23.
D. 
Building subcode fees. The fees for new building construction or alterations shall be:
(1) 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance N.J.A.C. 5:23-2.28. For purposes of calculating the volume to determine the fee for large, open-volume, single-story spaces and buildings, such as barns, silos, greenhouses, warehouses, distribution centers, and other agricultural and storage-use occupancies, the height shall be limited to 20 feet notwithstanding the fact that the actual height of the space may be greater than 20 feet.
[Amended 8-9-2014 by Ord. No. O-2014-18; 11-20-2018 by Ord. No. O:2018-34]
(a) 
The new construction fee shall be in the amount of $0.038 per cubic foot of volume for buildings and structures of use groups B, E, H, I, R-1, R-2, R-3, R-4, and R-5.
(b) 
The fee shall be $0.021 per cubic foot of volume for groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1, and S-2, and the fee shall be $0.0011 per cubic foot for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d), with a maximum fee for such structures on farms not to exceed $1,602.
(2) 
Fees for renovations, alterations and repairs, site construction associated with pre-engineered systems of commercial farm buildings, premanufactured construction, and the external utility connections for pre-manufactured construction shall be based upon the estimated cost of work.
(a) 
For Use Groups A-1, A-2, A-4, A-5, B, E, F-1, F-2, H, I, M, R-1, R-2, R-4, S-1, S-2, and U, the fee shall be $56 for the first $3,000 of estimated cost of work and $24 per $1,000 of value for the cost of work exceeding $3,000 up to and including $50,000, and $12 per $1,000 of value for the cost of work in excess of $50,000.
(b) 
For Use Groups A-3, R-3, and R-5, the fee shall be $46 for the first $3,000 of the estimated cost of work and $16 per $1,000 of value for the cost of work exceeding $3,000 up to and including $50,000, and $12 per $1,000 of value for the cost of work in excess of $50,000.
(c) 
For the purpose of determining estimated cost, the applicant shall submit to the enforcing agency, when required by the Construction Official, such cost data as may be available, produced by the architect or engineer of record, or by a recognized firm, or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The Construction Official shall make the final decision regarding the estimated cost of work.
(3) 
Fees for additions shall be computed on the same basis as for new construction for the added portion.
(4) 
Fees for a combination of renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection D(1), (2) and (3) above.
(5) 
The fee for tents, in excess of 900 square feet or more than 30 feet in any dimension, shall be a flat fee of $92.
(6) 
The fee for roofing and siding work completed on a structure in Use Groups R-3 and R-5 shall be a flat fee of $48.
(7) 
The fee for an aboveground swimming pool shall be $65. The fee for an in-ground swimming pool shall be $150. These fees shall include any protective fencing mechanically attached to a pool structure or other protective fencing equal to or less than six feet in height. For protective fencing over six feet in height, the fencing is subject to the fees herein listed.
(8) 
The fee for premanufactured garden and utility-type yard sheds, which are from 100 to 200 square feet in area or greater than 10 feet in height and accessory to Use Groups R-3 or R-5 of the building subcode, shall be $36. The fee for utility yard sheds for all other use groups or sheds constructed on site shall be $48. The fees for all sheds greater than 200 square feet shall be computed in accordance with § 235-3D(1).
(9) 
The fee for the installation of a fence over six feet in height and accessory to Use Groups R-3 and R-5 of building subcode shall be $46. For all other use groups, the fee shall be $120.
(10) 
Fees for retaining walls supporting an unbalanced fill greater than two feet shall be as follows:
[Added 8-19-2014 by Ord. No. O:2014-18]
(a) 
The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $120.
(b) 
The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $65.
(c) 
The fee for a newly constructed retaining wall of any size other than a Class 3 residential structure shall be based on the cost of construction.
E. 
Plumbing subcode fees; plumbing fixtures and equipment.
(1) 
For plumbing fixtures and equipment, the fee shall be in the amount of $13 per fixture, piece of equipment or appliance connected to the plumbing system and for each appliance connected to the gas piping or oil piping system, except as indicated in Subsection E(2) below.
(2) 
The fee shall be $65 per special device for the following: grease traps, oil separators, refrigeration units, utility service connections, backflow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot-water boilers (excluding those for domestic water heating), active solar systems, sewer pumps and interceptors. There shall be no inspection fee charged for gas service entrance.
(3) 
There shall be a flat fee of $52 for four or fewer plumbing fixtures, appliances, or pieces of equipment connected to the gas or oil piping system.
F. 
Electrical subcode fees; electrical fixtures and devices.
(1) 
The fee for the first block of outlets consisting of one to 25 receptacles, fixtures or devices shall be $46, and for each additional block consisting of 25 receptacles, fixtures or devices, the fee shall be $8. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communication outlets, light standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower (hp) or one kilowatt (kw).
(2) 
For each motor or electrical device rated from one hp or one kw to 10 hp or 10 kw; for each transformer or generator rated from one kw or one kva to 10 kw or kva; for each replacement of wiring involved one branch circuit or part thereof; for each storable pool or hydromassage bathtub; for each underwater lighting fixture; for household electric cooking equipment rated up to 16 kw; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light standard greater than eight feet in height including luminaries; and for each communications closet, the fee shall be $13.
(3) 
For each motor or electrical device rated from greater than 10 hp or 10 kw to 50 hp or 50 kw, for service equipment, panel board, switch board, switch gear, motor control center, or disconnecting means rated 225 amperes or less; for each transformer or generator rated from greater than 10 kw or 10 kva to 45 kw or 45 kva; for each electric sign rated from greater than 20 amperes to 225 amperes including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $54.
(4) 
For each motor or electrical device rated from greater than 50 hp or 50 kw to 100 hp or 100 kw; for each service equipment panel board, switch board, switch gear, motor control center or disconnecting means rated from greater than 225 amperes to 1,000 amperes; and for each transformer or generator rated from greater than 45 kw or 45 kva to 112.5 kw or 112.5 kva, the fee shall be $116.
(5) 
For each motor or electrical device rated greater than 100 hp or 100 kw; for each service equipment, panel board, switch board, switch gear, motor control center or disconnecting means rated greater than 1,000 amperes; and for each transformer or generator rated greater than 112.5 kw or 112.5 kva, the fee shall be $576.
(6) 
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $65 which shall include any required bonding and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panel boards and underwater lighting fixtures. For public swimming pools, the fee shall be based on the basis of number of electrical fixtures and ratings of electrical devices involved in accordance with Subsection F(1) through (5) above.
(7) 
The fee charged for the installation of single- and multiple-station smoke or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling shall be a flat fee of $29 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings, other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection F(1) and (2) above.
(8) 
For photovoltaic systems, the fee shall be based on the designed kilowatt rating of the solar photovoltaic system as follows:
(a) 
For one to 50 kilowatts, the fee shall be $58.
(b) 
For 51 to 100 kilowatts, the fee shall be $116.
(c) 
For greater than 100 kilowatts, the fee shall be $576.
(9) 
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual loadside panel boards shall be charged in accordance with Subsection F(3), (4) and (5) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(10) 
For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters, and disconnecting means.
(11) 
For electrical work requiring the replacement of service entrance conductors or feeder conductors only, the fee shall be in accordance with Subsection F(2) through (5) above based on the designated ampere rating of the overcurrent device of the service or feeder.
(12) 
The fee charged for process equipment shall be based on the ampere rating of the overcurrent device protecting the conductor feeding the process equipment or cutoff device.
(13) 
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.
(14) 
For the inspection of an electrical service and the issuance of a cut in card, as part of an electric utility request to install or unblock an electric meter, the fee shall be $54.
(15) 
The fee for the annual electrical inspection of swimming pools, spas or hot tubs, which are required to be inspected pursuant to N.J.A.C. 5:23-2.18C, shall be $54.
G. 
Fire protection subcode fees. For fire protection and hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums, the fee shall be as follows:
(1) 
The fee for 20 or fewer heads shall be $82; for 21 to and including 100 heads, the fee shall be $115; for 101 to and including 200 heads, the fee shall be $289; for 201 to and including 400 heads, the fee shall be $748; for 401 to and including 1,000 heads, the fee shall be $1,036; for over 1,000 heads, the fee shall be $1,323.
(2) 
The fee for one to 12 detectors shall be $72; and for each additional 25 detectors or portion thereof, the fee shall be in the amount of $15.
(3) 
The fee for each standpipe shall be $289.
(4) 
The fee for each independent pre-engineered system shall be $116.
(5) 
The fee for each gas- or oil-fired appliance that is not connected to the plumbing system shall be $58.
(6) 
The fee for each kitchen exhaust system shall be $58.
(7) 
The fee for each incinerator or crematorium shall be $365.
(8) 
For single- and multiple-station smoke or heat detectors and fire alarm systems in any one- or two-family dwellings, there shall be a flat fee of $36 per dwelling unit. For detectors and fire alarm systems in buildings other than one- or two-family dwellings the fee shall be charged in accordance with Subsection G(2) above.
(9) 
The fee for the installation of a flammable or combustible liquid storage tank in excess of 275 gallons' capacity in use groups R-3 and R-5 shall be $46. For all other use groups the fee shall be $72 per tank.
H. 
Fees for certificates and other permits are as follows:
(1) 
For a demolition or removal permit for a building or structure less than 5,000 square feet in area and less than 30 feet in height; for one- or two-family residences (Use Group R-3 or R-5) and structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d), the fee shall be $82. For all other use groups the fee shall be $150. For the removal of a structure, accessory to use group R-3 or R-5 and less than 200 square feet in area, the fee shall be $36.
(2) 
For the removal or abandonment of an underground flammable or combustible liquid storage tank and accessory to a Use Group R-3 or R-5 of the building subcode the fee shall be $46. For all other use groups, the fee for underground storage tanks shall be $120. The removal of an above-ground combustible or flammable liquid storage tank up to 660 gallons in capacity for all use groups shall be $39. For above-ground tanks over 660 gallons, the fee shall be $120.00.
(3) 
The fee for a permit to construct a sign shall be in the amount of $1.45 per square foot of surface area of the sign, computed on one side only for double-faced signs. The fees for signs with a surface area of 32 square feet or less shall be a flat fee of $46.
(4) 
The fee for a certificate of occupancy shall be $65 for buildings in Use Groups R-3 and R-5 of the building subcode. For Use Groups A, B, E, F, H, I, R1, R2, R4, S, and U in the building subcode, the fee shall be $120. For buildings requiring the issuance of multiple certificates of occupancy for more than one dwelling or tenant space, the fee shall be $40 per tenant space, dwelling unit or other unit area within the building.
(5) 
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $150.
(6) 
The fee for a certificate of continued occupancy shall be $120.
(7) 
The fee for the first issuance and the renewal of a temporary certificate of occupancy shall be $45 for all use groups.
(8) 
The plan review fee of a building, for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode shall be $274 for one- and two-family homes (Use Groups R-3 or R-5 of the building subcode), and for light commercial structures having the indoor temperature controlled from a single point, and $1,369 for all other structures.
(9) 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $594 for Class I structures and $120 for Class II and Class III structures. The fee for a resubmission of an application for a variation shall be $229 for Class I structures and $65 for Class II and Class III structures.
(10) 
The fee for a permit for lead hazard abatement work shall be $106. The fee for a lead abatement clearance certificate shall be $28.
(11) 
The administrative fee for a construction permit issued for an asbestos hazard abatement project shall be $106.
(a) 
An administrative fee for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project shall be $28.
(12) 
For cross connections and backflow preventers that are subject to testing and requiring an annual reinspection, the fee shall be $65 for each device when they are tested. In occupancies where multiple backflow preventers are inspected and tested on the same day, requiring one commute to the inspection site, the fee shall be $65 for the first device and $13 for each additional device. For other inspection arrangements requiring additional commutes to the inspection site the fees shall repeat and be in addition to the initial inspection fees.
(13) 
The fee for a mechanical inspection in a Use Group R-3 or R-5 structure by a mechanical inspector shall be a flat fee of $58 for the first installed devise, appliance or piece of equipment and $16 for each additional devise, appliance or piece of equipment. No separate fee shall be charged for the gas, fuel oil or water-piping connections associated with the mechanical equipment inspected.
I. 
Annual permit requirements and fees.
(1) 
The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers (including foremen) employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers, and clericals 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.
(2) 
Fees for annual permits shall be as follows:
(a) 
For one to 25 persons, the fee shall be $667 per worker, and for each additional person over 25 the fee shall be $232 per worker.
(b) 
Prior to the issuance of the annual permit, a training registration fee of $140 per subcode and a list of not more than three individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Code Services, Training Section, along with a copy of a construction permit (Form F170). Checks shall be made payable to "Treasurer, State of New Jersey." The Department shall register these individuals and notify them of the courses being offered.
J. 
Elevator devices.
(1) 
The fee for plan review for elevator devices, in structures of Use Groups R-3 and R-5 and for elevator devices wholly within dwelling units in R-2 structures, shall be $50 for each device.
(2) 
The fee for plan review for elevator devices in structures of Use Groups other than R-3 and R-5 and devices in Use Group R-2 exempted by Subsection J(1) above shall be $260 for each device.
(3) 
The fees for the inspections and tests of elevator devices shall be as set forth in N.J.A.C. 5:23-12.
The penalties for violation of this chapter shall be in accordance with the penalties set forth in the Uniform Construction Code of the State of New Jersey.