[HISTORY: Adopted by the City Council of
the City of Vineland 1-11-1977 by Ord. No. 1064 (Ch.
206, Art. II, of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 258.
Drainage systems — See Ch. 320.
Fire prevention — See Ch. 372.
Land use — See Ch. 425.
Licenses and permits — See Ch. 437.
Occupancy permits — See Ch. 485.
Property maintenance — See Ch. 537.
Sewers — See Ch. 585.
Utilities — See Ch. 687.
Water — See Ch. 710.
A.
There is hereby established in the City of Vineland
a State Uniform Construction Code enforcing agency to be known as
the "Construction Enforcement Agency," consisting of a Construction
Official, Building Subcode Official, Plumbing Subcode Official, Electrical
Subcode Official, Fire Protection Subcode Official and such other
subcode officials for 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.
The Construction Enforcement Agency shall be an agency under the Department
of Licenses and Inspections. The Construction Official, together with
all subcode officials, shall be appointed by the Department head in
accordance with N.J.S.A. 40:69A-43(d).
[Amended 1-11-1977 by Ord. No. 1065]
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 the afore-cited authority to hold such position.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
[Amended 12-23-1996 by Ord. No. 96-106]
A.
Establishment of Board of Appeals.
(1)
There is hereby established a Construction Board of
Appeals to hear appeals from decisions by the enforcing agency in
accordance with the State Uniform Construction Code Act (N.J.S.A.
52:27D-119 et seq.), the Uniform Fire Safety Act (N.J.S.A. 52:27D-192)
and P.L. 1995, c. 54.[1] The Board shall exercise its functions in accordance with
N.J.A.C. 5:23A-1.1 et seq., known as the "Rules Governing Construction
Boards of Appeals."
[1]
Editor's Note: See N.J.S.A. 52:27D-127.
(2)
The City Council of the City of Vineland shall annually
designate one regular member of the Board to serve as Chairperson
and another regular member of the Board to serve as Vice Chairperson.
The Vice Chairperson shall serve as Chairperson in the event of the
absence or disqualification of the Chairperson.
(3)
The City Council of the City of Vineland shall appoint
a Secretary to the Board, who need not be a member of the Board.
B.
Membership.
(1)
The Construction Board of Appeals shall consist of
five regular members.
(a)
Regular members shall be appointed for terms
of four years by the City Council of the City of Vineland.
(b)
For the members first appointed, the City Council
of the City of Vineland shall designate the appointees' terms so that
one shall be appointed for a term of one year, one for a term of two
years, one for a term of three years and two for terms of four years.
(c)
Vacancies on the Board shall be filled for the
unexpired term.
(d)
Members may be removed by the City Council of
the City of Vineland for cause.
(e)
Members of the Board shall be residents of the
City of Vineland unless there cannot be recruited a sufficient number
of qualified residents for available specific positions.
(f)
No more than two regular members of the Board
shall be members of the same profession or occupation.
(2)
Qualifications for regular members.
(a)
At least one regular member shall be as qualified
as a plumbing subcode official.
(b)
At least one regular member shall be as qualified
as an electrical subcode official.
(c)
At least one regular member shall be a registered
architect, or a licensed professional engineer with building construction
experience, or other person as qualified as a building subcode official.
(d)
At least one regular member shall be as qualified
as a fire protection subcode official.
(e)
At least one regular member shall be certified
as a fire official.
(3)
The requirements of Subsection B(2) above shall not be construed as requiring that there be a separate regular member in each of the qualification categories set forth in Subsection B(2)(a) through (e). One regular member may satisfy these requirements with regard to more than one such qualification category.
(4)
Alternate members. The Construction Board of Appeals
shall also include at least five alternate members.
(a)
Alternate members shall be appointed to staggered
terms, in the same manner as the initial appointment of regular members.
(c)
When a regular member of the Board is absent,
the alternate member in the same qualification category shall serve
in that regular member's place; provided, however, that any alternate
member who is as qualified as an elevator subcode official shall serve
in the place of any absent regular member in any case involving the
elevator safety subcode, if there is no other regular member of the
Board present who is as qualified as an elevator subcode official.
(d)
If a regular member who is not in one of the qualification categories set forth in Subsection B(2)(a) through (e) above is absent, or if a regular member and an alternate member who are both in the same qualification category are absent and the appeal does not involve that qualification category, or if another regular member is present who meets the requirements of the same qualification category as does the regular member who is absent, the Chairperson of the Board shall determine which alternate member shall vote in the place of the absent regular member.
(e)
Alternate members shall have the right to participate
in all Board deliberations but shall not vote unless serving in the
place of a regular member.
(5)
Each regular or alternate member shall be qualified by experience or training to perform the duties of a member of the Board. The qualification of any regular or alternate member, regardless of whether they are in one of the qualification categories set forth in Subsection B(2)(a) through (e) above, shall be no less than that which is required of a construction or subcode official under Subsection 8b of the State Uniform Construction Code Act (N.J.S.A. 52:27D-126, Subsection b); provided, however, that Board members shall not be required to hold construction code licensure.
(6)
Whenever a change to the state regulations is made
that affects the composition of construction boards of appeals, City
Council shall only implement the change when the term of any affected
member(s) expires. This provision shall also apply in any case in
which the adoption of this section affects the composition of the
Construction Board of Appeals.
(7)
No employee of the Department of Licenses and Inspections
may serve on the Board of Appeals as a regular or alternate member.
Other municipal employees may serve on the Board, provided that they
shall be disqualified from consideration of matters affecting municipally
owned or leased structures.
(8)
The Board Chairperson shall annually provide the Bureau
of Regulatory Affairs of the Division of Codes and Standards with
a list of the names and addresses of the regular and alternate members
of the Board and of the Board Secretary and any other contact person.
Such information shall be updated whenever a change occurs.
C.
Rules and regulations.
(1)
The following rules and regulations of the State of
New Jersey with respect to construction boards of appeal are hereby
adopted by the City of Vineland in their entirety by reference hereto:
(2)
A copy of the rules and regulations in effect at the
time of adoption of this section is on file with the City Clerk and
with the Director of the Department of Licenses and Inspections.
D.
Compensation of Board members. Members of the Board
of Appeals shall serve without compensation but shall be reimbursed
for all necessary expenses incurred by them in the performance of
their duties.
E.
The City Solicitor shall serve as Solicitor to the
Construction Board of Appeals as required.
F.
The Construction Board of Appeals shall charge the
following fees per appeal:
[Last amended 10-23-2018 by Ord. No. 2018-57]
A.
The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A(1) through (5) hereof and shall be paid before the permit is issued.
(1)
The building subcode fee shall be as follows:
(a)
For new construction, $0.030 per cubic foot
of volume for buildings and structures of all use groups as classified
and defined in the building subcode, except that the fee shall be
$0.021 per cubic foot of volume for Use Groups F, S-1 and S-2, and
the fee shall be $0.008 per cubic foot for structures on farms used
exclusively for the storage of food or grain or the sheltering of
livestock, with the maximum fee for such structures on farms not to
exceed $1,060; provided, however, that the minimum fee shall be $50,
except for residential lawn sheds of 200 square feet or less, for
which the minimum fee shall be $35.
(b)
Fees for renovations, alterations, repairs,
installation and foundation systems for premanufactured construction,
underground storage tanks and leak detection systems shall be based
upon the estimated cost of the work. The fee shall be in the amount
of $20 per $1,000 or any portion thereof. Above $100,000, the additional
fee shall be in the amount of $15 per $1,000 of estimated cost; however,
the minimum fee shall be $50.
(c)
Fees for additions shall be computed on the
same basis as for new construction for the added portion.
(e)
The fee for aboveground swimming pools shall
be $50. The fee for in-ground swimming pools and open structural towers
shall be $150.
(f)
The fee for a demolition or removal permit shall
be $75 for one- or two-family residences, residential accessory buildings
and structures on farms, including commercial farm buildings under
N.J.A.C. 5:23-3.2(d), and $125 for all other use groups.
(g)
The building subcode fee for the removal of a building or structure from one lot to another or to a new location on the same lot shall be based upon the estimated cost for moving, for new foundation and for placement in a completed condition in the new location, and shall be computed in accordance with Subsection A(1)(b) above.
(h)
The fee for a permit to construct a sign shall
be $1 per square foot of the surface area of the sign, provided that
the minimum fee shall be $50 for any sign permit issued. In the case
of double-faced signs, the area of the surface of only one side of
the sign shall be used for purposes of the fee computation.
(i)
The fee for asbestos abatement shall be $70.
(j)
The fee for lead hazard abatement work shall
be $140.
(k)
The fee for protection fences to be installed around swimming pools
shall be $50.
(2)
The plumbing subcode fees shall be as follows:
(a)
Plumbing fixtures and stacks. The fee shall be in the amount of $15 per fixture or stack for all fixtures except as listed in Subsection A(2)(b) below.
(b)
The fee shall be $75 for the following special
devices: grease traps, oil separators, water-cooled air-conditioning
units, refrigeration units, utility service connections, utility service
disconnections, backflow preventers equipped with test ports (double
check-valve assembly, reduced-pressure-zone and pressure-vacuum-break
backflow preventers), steam boilers, hot-water boilers (excluding
those for domestic water heating), gas piping, active solar systems,
sewer pumps, interceptors and fuel oil piping and manufactured home
hookups. There shall be no inspection fee charged for gas service
entrances.
(c)
For the purpose of computing this fee, fixtures
or stacks shall include but not be limited to lavatories, kitchen
sinks, slop sinks, sinks, urinals, water closets, bathtubs, shower
stalls, laundry tubs, floor drains, drinking fountains, dishwashers,
garbage disposals, clothes washers, hot-water heaters or similar devices.
(d)
For cross connections and backflow preventers
requiring inspection every 12 months, the fee shall be $45 for each
such device.
(e)
The fee shall be $75 for water-pressure-booster
pumps.
(f)
The minimum plumbing subcode fee shall be $50.
(3)
The electrical subcode fees shall be:
(a)
Electrical fixtures and devices.
[2]
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, communications 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 or one kilowatt.
(b)
For each motor or electrical device rated from
one horsepower or one kilowatt to 10 horsepower or 10 kilowatt; for
each transformer or generator rated from one kilowatt or one kilovolt-amperes
to 10 kilowatt or 10 kilovolt-amperes; for each replacement of wiring
involving 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 kilowatt; 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 $15.
(c)
For each motor or electrical device rated from
greater than 10 horsepower or 10 kilowatt to 50 horsepower or 50 kilowatt;
for each 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
kilowatt or 10 kilovolt-amperes to 45 kilowatt or 45 kilovolt-amperes;
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 $65.
(d)
For each motor or electrical device rated from
greater than 50 horsepower or 50 kilowatt to 100 horsepower or 100
kilowatt; 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 kilowatt or 45 kilovolt-amperes to 112.5
kilowatt or 112.5 kilovolt-amperes, the fee shall be $125.
(e)
For each motor or electrical device rated greater
than 100 horsepower or 100 kilowatt; for each service equipment, panel
board, switch board, switch gear, motor-control-center or disconnecting-means
rated from greater than 1,000 amperes; and for each transformer or
generator rated greater than 112.5 kilowatt or 112.5 kilovolt-amperes,
the fee shall be $425.
(f)
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 $55, which
shall include any required bonding and associated equipment such as
filter pumps, motors, disconnecting-means, switches, required receptacles,
and heaters, etc., excepting panelboards and underwater lighting fixtures.
For public swimming pools, the fee shall be charged on the basis of
number of electric fixtures and rating of electrical devices involved.
(g)
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 above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors, as per Subsection A(3)(c), (d) or (e).
(i)
The fee for yearly inspections for each pubic
swimming pool, spa or hot tub shall be $75.
(j)
The minimum electrical subcode fee shall be
$55.
(4)
Fire protection subcode fees.
(c)
Fee for each standpipe shall be $245.
(d)
Fee for each independent pre-engineered suppression
system shall be $100.
(e)
Fee for each nonresidential kitchen exhaust
system shall be $50.
(f)
Fee for each incinerator or crematorium shall
be $390.
(g)
Fee for each gas- or oil-fired appliance that
is not connected to the plumbing system shall be $50.
(h)
Fee for single- and multiple-station smoke or
heat detectors and fire alarm systems in any one- or two-family dwellings
shall be $25.
(i)
Fee for tank installation shall be $50 per tank.
(j)
The minimum fire subcode fee shall be $50.
(5)
The mechanical subcode fee shall be:
(a)
The fee for LPG, NG, and oil-fired hot water boilers, warm air
furnace, water heaters, etc.: $75.
(b)
The fee for generators, LPG and NG: $75.
(c)
The fee for tanks, oil and LPG: $75.
(d)
The fee for piping connections, LPG, NG, and oil: $75.
(e)
The fee for any item not listed herein shall be determined by
the Construction Official and Plumbing Subcode Official.
(6)
The fee for plan review shall be 20% of the amount
to be charged for the construction permit. The amount paid for this
fee shall be credited toward the construction permit fee at the time
of issuance of the construction permit.
(a)
In accordance with N.J.S.A. 52:27D-126c, the fee specified in
accordance with this subsection shall be waived for any county, municipality
or any agency or instrumentality thereof.
(7)
Certificates of occupancy, plan review, revisions
and/or prior use letter fees.
(a)
The fee for a certificate of occupancy for new
construction shall be $125 for all use groups; except for one- or
two-family dwellings, the fee for which shall be $75. For structures
on farms used exclusively for storage of food or grain or sheltering
of livestock or residential accessory buildings, the fee shall be
$50.
(b)
The fee for a certificate of occupancy granted
pursuant to a change of use shall be $250.
(c)
The fee for a certificate of continued occupancy
shall be $200.
(d)
The fee for a lead abatement clearance certificate
shall be $28.
(e)
The fee for an asbestos removal certificate
of occupancy shall be $14.
(f)
The fee for a temporary certificate of occupancy (TCO): $100.
(g)
The fee for a plan review revision: $50.
(h)
The fee for a prior use letter: $100.
(i)
There shall be no fee for a certificate of approval or certificate
of compliance.
B.
Elevator subcode fees.
(1)
Fees for witnessing acceptance tests and performing
inspections on new and altered elevator devices shall be as follows:
(a)
Basic fees for elevator devices in structures
not in Use Group R-5 or in an exempted R-2 structure shall be as follows:
(c)
The fee for elevator devices in structures in
Use Group R-5 or otherwise exempt devices in R-2 structures shall
be $140. This fee shall be waived when signed statements and supportive
inspection and acceptance test reports are filed by an approved qualified
agent or agency in accordance with N.J.A.C. 5:23-2.19 and 5:23-2.20.
(d)
Fee for performing inspections of minor work
shall be $47.
(2)
Fees for routine and periodic tests and inspections
for elevator devices in structures not in Use Group R-5 or otherwise
exempt devices in R-2 structures shall be as follows:
(b)
Fees for one-year periodic inspection and witnessing
of tests of elevator devices, which shall include a six-month routine
inspection, shall be as follows:
(d)
Fees for the three-year or five-year inspection
of elevator devices shall be as follows:
(e)
Fees for plan review shall be as follows.
C.
As required by the Department of Community Affairs,
and to provide for the training, certification and technical support
programs required by the Uniform Construction Code Act and the regulations,
the Construction Enforcement Agency shall collect, in addition to
the fees specified above, a surcharge in accordance with state regulations.
Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. Said
surcharge shall be remitted to the Bureau of Construction Code Enforcement,
Department of Community Affairs, on a monthly basis as prescribed
by regulation.
D.
Waiver of fees; handicapped accessibility to buildings
(see N.J.S.A. 52:27D-126e).
(1)
No person shall be charged a construction permit fee
pursuant to this chapter for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by the handicapped to an existing public or private structure or any
of the facilities contained therein.
(2)
For the purposes of this Subsection D, "handicapped 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.
[Added 8-24-1999 by Ord. No. 99-55]
In order to provide for proper emergency access
to structures for fire, police and other emergency vehicles, any application
for development shall provide the following:
