[HISTORY: Adopted by the Borough of Rutherford Council 4-5-1977 by
Ord. No. 2206-77. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm equipment installation — See Ch. 6.
Licensing of builders and contractors — See Ch. 19.
Construction in flood hazard areas — See Ch. 37.
Land subdivision regulations — See Ch. 50.
Numbering of buildings and lots — See Ch. 63A.
Public amusement structures — See Ch. 79.
Unfit dwellings — See Ch. 123.
Fee exemptions for volunteer organizations — See Ch. 127.
Zoning — See Ch. 131.
There is hereby established in the Borough of Rutherford a State Uniform
Construction Code enforcing agency to be known as the "Rutherford Building
Department," 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.
Each official position created by this chapter 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.
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, and the office of the Building Inspector of the Borough of
Rutherford, Borough Hall, 176 Park Avenue, Rutherford, New Jersey, is hereby
designated the office of the State Uniform Construction Code enforcing agency
for the borough.
Appeals from the decisions of the enforcing agency shall be taken to
the Bergen County Construction Board of Appeals pursuant to P.L. 1975, c.
217, as amended, and N.J.A.C. 5:23.
[Amended 6-6-1978 by Ord.
No. 2228-78; 12-7-1982 by Ord.
No. 2333-82; 6-8-1988 by Ord.
No. 2507-88; 8-7-1990 by Ord.
No. 2580-90; 7-1-1992 by Ord.
No. 2655-92; 5-6-1997 by Ord.
No. 2798-97; 3-11-1998 by Ord.
No. 2833-98; 4-23-2002 by Ord.
No. 3005-02; 3-27-2007 by Ord. No. 3130-07]
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.
(3)
Waiver; environmental. No person shall be charged a local
construction permit fee for any construction, reconstruction, alteration or
improvement designed and undertaken solely to install solar photovoltaic systems
to promote reduction of emissions of greenhouse gasses.
B.
Plan review fee.
(1)
The fee for plan review shall be 20% of the amount to
be charged for a new construction permit. The minimum fee for a plan review
shall be $65.
(2)
The fee for plan review shall be 20% of the amount to
be charged for the construction permit and shall be paid before the plans
are reviewed. 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 $0.033 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
of $150.
(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 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 $10 per $1,000 of the sum of the estimated cost for moving, for constructing
new foundations, and for placement in a completed condition in the new location,
provided that the minimum fee shall be at least $200.
(6)
The fee for tents in excess of 900 square feet or more
than 30 feet in any dimension shall be $92, when required.
(7)
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
device, 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: $35 per each appliance connection.
(15)
The fee for the installation or replacement of oil lines
or oil tank piping: $35 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. Temporary
wiring and decorative displays not over sixty-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 to 200 amperes: $75 each.
(c)
From 201 to 300 amperes: $100 each.
(d)
From 301 to 400 amperes: $300 each.
(e)
From 401 to 800 amperes: $400 each.
(f)
From 801 to 1,000 amperes: $500 each.
(g)
From 1,001 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:
(6)
Swimming pools and spas:
(a)
Bonding of reinforced steel, ladders, sockets, diving
boards, etc: $50.
(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.
(7)
Ongoing inspections. The fees for ongoing inspections
in accordance with the provisions under N.J.A.C. 5:23-2.23(i) for electrical
inspections, bonding and grounding certificates for swimming pools, spas or
hot tubs: $75.
(8)
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 over-current device
or the service or feeder.
(9)
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) preengineered 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 system 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.
Mechanical subcode fees.
(1)
Minimum fee for any mechanical permit: $65.
(3)
Installation of new or replacement oil piping: $35.
(4)
Installation of new or replacement gas piping: $35 per
appliance.
(6)
Installation or replacement of fireplace: $75.
(7)
Installation of LPG tank: $100 when permitted by Borough
Zoning Code.
H.
Elevator device fees.
(1)
The fee for plan review for elevator devices in structures
in use groups other than R-3, R-4, and R-5 shall be $260 for each device.
The fee for plan review for elevator devices in structures in Use Groups R-3,
R-4 and R-5 and for elevator devices wholly within dwelling units in R-2 structures
shall be $65 for each device.
(2)
Elevators shall be installed and inspected pursuant to
N.J.A.C. 5:23-12 et seq. The fees for elevator device inspections and tests
shall be as set forth in N.J.A.C. 5:23-12 et seq.
(3)
The minimum fee for the installation of a new elevator
device in structures not in Use Group R-3, R-4, or an exempted R-2 structure
shall be $300 per device.
(4)
Ongoing inspections. The fees for ongoing inspections
in accordance with the provisions under N.J.A.C. 5:23-12.3 for elevator devices
shall be as set forth in N.J.A.C. 5:23-12 et seq. with an administrative fee
of 15%.
I.
Other permits.
(1)
Demolition:
(a)
One- or two-family residences (Use Group 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 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 for light
commercial structures having the 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 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."
J.
Certificates and variations.
(1)
The fees for the certificates 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 certificate 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.[1]
[1]
Editor's Note: Former § 22-5.1, Waiver of construction
permit fees, added 7-13-1999 by Ord. No. 2900-99, which immediately followed
this subsection, was repealed 3-27-2007 by Ord. No. 3130-07.
[Amended 6-8-1988 by Ord.
No. 2507-88; 7-1-1992 by Ord.
No. 2655-92; 5-6-1997 by Ord.
No. 2798-97; 5-2-1995 by Ord.
No. 2731-95; 3-11-1998 by Ord.
No. 2833-98; 4-23-2002 by Ord.
No. 3005-02; 3-27-2007 by Ord. No. 3130-07]
The following are additional fees payable to the Borough of Rutherford
Construction Official:
A.
The fees for certificates of occupancy shall be as follows:
(2)
Certificate of continued occupancy (i.e., V.A., FHA,
etc.) shall be $125.
(4)
The fee for a multifamily certificate of occupancy shall
be $125 for the first two units and $50 for each additional unit.
(5)
The fee for a certificate of continued occupancy for
co-operative apartments and condominiums shall be $125 for each dwelling unit.
B.
The annual registration fees and periodic elevator inspections
and tests for all uses shall be imposed and calculated in accordance with
the fees set forth in N.J.A.C. 5:23-12.1 et seq. and other applicable administrative
code sections of the New Jersey State Uniform Construction Code, as amended.
C.
Special inspections.
(1)
Special inspection fees. Any person, partnership or corporation
who requests and obtains a required code inspection either before or after
regular Rutherford Building Department hours of business or on holidays and
weekends shall be required to pay, in addition to any established permit and
certificate fees, the current contractual hourly compensation rate for the
code officials performing the inspections, plus an administrative surcharge
of 15% of said calculated amount. Said fee shall be calculated and based on
the amount of time required for said inspections with payment for a minimum
inspection time of two hours.
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 any other
expenses of the municipality fairly attributable to the enforcement of the
State Uniform Construction Code Act.
A.
In order to provide for the training, certification and
technical support programs required by the Uniform Construction Code Act and
the regulations,[1] the enforcing agency shall collect, in addition to the fees specified
in this chapter, a surcharge fee of $0.0006 per cubic foot of volume of new
construction. Said surcharge fee shall be remitted to the Bureau of Housing
Inspection, Department of Community Affairs, 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. In the fiscal year in which the regulations first become effective,
said fees shall be collected and remitted for the third and fourth quarters
only.
[1]
Editor's Note: "The regulations" refers to the regulations established
by the Commissioner of the Department of Community Affairs for the administration
of the State Uniform Construction Code Act.
B.
The enforcing agency shall report annually at the end
of each fiscal year to the Bureau of Housing Inspection, and not later than
July 31, the total amount of the surcharge fee collected in the fiscal year.
In the fiscal year in which the regulations first become effective, said report
shall be for the third and fourth quarters only.
[Amended 6-6-1978 by Ord.
No. 2228-78]
A.
The following fire limits are established pursuant to
N.J.A.C. 5-23:
(1)
Commencing at the intersection of the Erie Railroad and
Chestnut Street and running thence along the center line of Chestnut Street
to the center line of Park Avenue; thence along the center line of Park Avenue
to the center line of The Terrace; thence along the center line of The Terrace
to the center line of East Passaic Avenue; thence along the center line of
East Passaic Avenue to the center line of Feronia Way; thence along the center
line of Feronia Way to the Erie Railroad; thence along the Erie Railroad to
the center line of Chestnut Street, the point or place of beginning.
(2)
Beginning at the intersection of the Erie Railroad and
the center line of Meadow Road extended and running thence along the center
line of Meadow Road to the center line of Route 17; thence along the center
line of Route 17 to its intersection with the Erie Railroad; thence along
the Erie Railroad to its intersection with the center line of Meadow Road
extended, the point or place of beginning.
(3)
All of the area of the borough as lies east of Route
17 and bordered on the east by the boundary line of the Hackensack Meadowlands
Development Commission and on the north by the Erie Railroad right-of-way.
B.
The construction officials 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
Official, the Building Subcode Official and the Fire Subcode Official regarding
those areas which should be designated as within the fire limits, with the
reasons therefor.
Any and all ordinances or parts thereof inconsistent with the provisions
of this chapter, the State Uniform Construction Code Act (Chapter 217, Laws
of New Jersey 1975) or the regulations for the New Jersey Uniform Construction
Code as promulgated by the Commissioner of the Department of Community Affairs
are hereby repealed to such extent as they are so in conflict or inconsistent;
provided, however, that the adoption of this chapter shall not prevent or
bar the continuance or institution of any proceedings for offenses heretofore
committed in violation of any existing ordinance of the Borough of Rutherford.
Should any section, paragraph, sentence, clause or phrase of this chapter
be declared unconstitutional or invalid for any reason, the remaining portions
of this chapter shall not be affected thereby and shall remain in full force
and effect, and to this end the provisions of this chapter are hereby declared
to be severable.
This chapter shall take effect immediately upon publication according
to law.
