[HISTORY: Adopted by the Board of Commissioners of the City
of Union City as §§ 13-1 to 13-6A and 13-19 of the
1996 Revised General Ordinances, as amended through Ord. No. 2000-21. Subsequent
amendments noted where applicable.]
A.
Established; composition. There is hereby established in the City
a State Uniform Construction Code enforcing agency to be known as
the Construction Code Agency of the City of Union City, consisting
of a Construction Official, Building Subcode Official, Plumbing 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.
Official positions; qualifications. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq. 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 N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.
C.
Office location. 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.[1]
[1]
Editor's Note: Original Section 2, Construction Board of Appeals,
which immediately followed this section, was repealed 5-21-2013.
A.
Residential construction, four families or less. For residential
construction of single-family housing or multifamily dwellings for
four or fewer families, applicants must submit for plan review two
sets of building plans rendered by either an architect or professional
engineer with all necessary specifications, which plans shall be reviewed
by the Building Department at the cost to be included in permit fees.
B.
All other construction. For residential construction of multifamily dwellings for five or more families and for all commercial and industrial construction, applicants must submit for plan review two sets of building plans rendered by either an architect or a professional engineer with all necessary specifications. One set of plans may be sent by the Building Department of the City to a professional plan review firm of its choice. All expenses incurred in plan review will be passed on to and paid for by the applicant before the application shall be approved, including a fee for handling as set forth in Chapter 155, Fees.[1]
[1]
Editor's Note: Original Section 5, State surcharge fee, and
Section 6, Fire limits, which immediately followed this section, were
repealed 5-21-2013.
The Construction Official, with the advice of the subcode officials,
shall prepare and submit to the Board of Commissioners, biannually,
a report recommending a fee schedule based on the operating expenses
of the Agency and any other expenses of the City fairly attributable
to the enforcement of the State Uniform Construction Code Act (N.J.S.A.
52:27D-119 et seq.).
A.
The following
updated construction codes are hereby adopted in their entirety, to
the extent that they are not inconsistent with or superseded by mandatory
state codes or standards:
B.
Three copies
of each of the codes specified above have been placed on file in the
office of the City Clerk for the use and examination by the public.
[Added 12-20-2011]
A.
Findings.
(1)
N.J.S.A. 52:27D-126d allows a municipality to waive enforcing agency
fees for qualified New Jersey nonprofit corporations engaged in constructing
or rehabilitating housing units for low- and moderate-income households;
and
(2)
N.J.S.A. 52:27D-126e also allows a municipality to waive enforcing
agency fees associated with the construction of improvements that
will promote accessibility to structures by disabled persons, including
but not limited to, accessibility to a disabled person's living
unit; and
(3)
N.J.S.A. 40:48-1 permits the governing body of a municipality to
make, amend, repeal and enforce ordinances to, among other things,
manage, regulate and control the finances of the municipality and
to regulate and control the construction, erection, alteration and
repair of buildings and structures of every kind within the municipality;
and
(4)
N.J.S.A. 40:48-2 permits a municipality to make, amend, repeal and
enforce such other ordinances as it may deem necessary and proper
for good government, among other things; and
(5)
The City of Union City (the "City") seeks to assist qualified New
Jersey nonprofit corporations in their construction efforts and relieve
a portion of the financial burden associated therewith; and
(6)
The City seeks to encourage the construction of improvements to make
structures more accessible for disabled persons and relieve a portion
of the financial burden associated therewith.
B.
Waiver of building construction permitting fees for qualified New
Jersey nonprofit corporations. The City shall waive all building construction
permitting fees for New Jersey nonprofit corporations, established
pursuant to N.J.S.A. 15A:1-1 et seq.
C.
Waiver of building construction permitting fees for promoting accessibility
for disabled persons. No person shall be charged a building construction
permitting 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 facilities contained therein.
D.
Waiver of building construction permitting fees for disabled person
living unit construction. A disabled person, or a parent or sibling
of a disabled person, shall not 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 own living unit.
E.
For purposes of this section, a "disabled person" means a person
who has the total and permanent inability to engage in any substantial
gainful activity by reason of any medically determined physical or
mental impairment, including blindness, as set forth in N.J.S.A. 52:27D-126e.