[Adopted 1-16-2007 by Ord. No. 2007-03]
A.
There is hereby established in the Township a State
Uniform Construction Code enforcing agency to be known as the "Construction
Office," consisting of a Construction Official, Secretary, Building
Subcode Official, Plumbing Subcode Official, Electrical Subcode Official,
Fire Protection Subcode Officials 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,[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
C.
The governing body shall decide whether newly created
subcode areas will be supported by the Washington Township Construction
Office or the New Jersey Department of Community Affairs.
D.
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. The location shall be
stipulated in the annual fee resolution, available from the Township
Clerk's Office.
A.
No person employed by the Construction Office as a
construction or subcode official, assistant to the construction or
subcode official, trainee, inspector or plan reviewer shall engage
in or otherwise be connected, directly or indirectly, for purposes
of economic gain, with any business or employment furnishing labor,
materials, products or services for the construction, alteration or
demolition of buildings or structures within any municipality in which
he is so employed by an enforcing agency, and in any municipality
adjacent to any municipality in which he is thus employed.
B.
This section shall not apply to the ownership of stock
or other investment instrument in any corporation listed on any national
stock exchange, any such business or employment outside the state
or dual employment by two or more enforcing agencies.
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 from the decisions of the agency
shall be those fees established by the Warren County Construction
Board of Appeals according to law.
A.
The Construction Official and Certified Financial
Officer shall, with the advice of the subcode officials, prepare and
submit to the governing body an annual report recommending a fee schedule
based on the operation expenses of the Construction Office. The fee
schedule shall be stated in a resolution to be approved by the governing
body by the end of January.
The fee for a construction permit shall be waived
for government, charitable and religious construction and occupancy,
which shall include but not necessarily be limited to public buildings
and schools, volunteer fire and first aid squads, churches and synagogues
and other similar organizations and groups.
[1]
Editor's Note: See Art. I, Waiver of Fees.
Immediately upon the adoption of this chapter,
the Township Clerk shall file a certified copy of the same with the
Commissioner of Community Affairs of the State of New Jersey.
The Elevator Subcode Official position shall
remain within the New Jersey Department of Community Affairs.
[Added 9-21-2010 by Ord. No. 2010-10; amended 3-17-2015 by Ord. No. 2015-02]
A.
Certificate of continued occupancy.
(1)
Prior to any change in occupancy of any building, dwelling,
dwelling unit, or part that has been uninhabited for a minimum of
120 consecutive days, a municipal certificate of continued occupancy
shall be obtained from the Construction Official or his designee stating
that the premises complies with the requirements of the New Jersey
State Housing Code adopted by this chapter, Uniform Fire Code and
Township of Washington Code.
(2)
A municipal certificate of continued occupancy shall not be
issued if there are open Uniform Construction Code permits on the
subject property.
(3)
Any violation of the New Jersey State Housing Code, Uniform
Fire Code and Township of Washington Code must be corrected and any
open Uniform Construction Code permit must be closed by the owner
of the building, dwelling, dwelling unit, or part thereof prior to
the issuance of a municipal certificate of continued occupancy. The
responsibility for the correction of the violation or the closing
of the permit may be assumed by the buyer with the written approval
of the owner and buyer and written notification to the Construction
Official or his designee. At the time of the assumption of responsibility,
a conditional certificate shall be issued, and the violations shall
be corrected, or the permit closed within 30 days of the date of the
issuance of the conditional certificate. The Construction Official
or his designee may grant an extension, not exceeding 30 days, for
the violations to be corrected or the permit closed.
(4)
A municipal certificate of continued occupancy issued pursuant
to this section shall be valid for a period of 180 days after issuance.
(5)
The fee for a municipal certificate of continued occupancy shall
be $75 for residential properties and $130 for commercial properties
and shall be remitted with the application for the certificate.
(6)
The requirement of § 59-10.1 shall not apply to a change in occupancy in an assisted-living facility, bed-and-breakfast, boarding or rooming house, hotel, nursing home, or motel.
(7)
Violators of any part of this section shall be subject to the
penalties set forth in Uniform Construction Code, as same may be amended
from time to time.
B.
All buildings or structures that shall become unsafe, or unsanitary,
or that contain deficient or blocked exitway facilities, or which
constitute a fire hazard or are otherwise dangerous to human life
or the public welfare, or that by reason of illegal or improper use
or occupancy shall be deemed unsafe buildings or structures, shall
be taken down and removed or made safe and secure. A vacant building
that is unguarded or open at door or window shall be deemed a fire
hazard and unsafe within the meaning of this chapter.
(1)
Examination and record of damaged structure: The appropriate
subcode official shall examine every building or structure reported
as dangerous, unsafe structurally, unsanitary or constituting a fire
hazard and shall prepare a report to be filed in a docket of unsafe
structures and premises, stating the use of the structure, the nature
of the hazard, the nature and estimated amount of damages, if any,
caused by collapse or failure.
(2)
Notice of unsafe structure: If an unsafe or unsanitary condition
is found in a building or structure, the Construction Official shall
serve a written notice describing the building or structure deemed
unsafe and specifying the required repairs or improvements to be made
to render the building or structure safe and secure, or requiring
the unsafe building or structure or portion thereof to be vacated
or demolished within a stipulated time. Such notice shall require
the person thus notified to immediately declare to the Construction
Official his or her acceptance or rejection of the terms of the order.
Such person may seek review before the Construction Board of Appeals
within 15 days of receipt of the notice.
(3)
Restoration of unsafe structure: A building or structure condemned
by the Construction Official may be restored to a safe condition in
accordance with N.J.A.C. 5:23-6, Rehabilitation Subcode. A certificate
of approval or certificate of occupancy, as appropriate, shall be
obtained prior to reoccupancy of the building or structure.
(4)
Posting notice of unsafe structure: If the person addressed
with a notice of unsafe structure cannot be found within the municipality
after diligent search, then such notice shall be sent by registered
or certified mail to the last known address of such person, as on
file with the office of the Tax Collector, and a copy of the notice
of unsafe structure shall be posted in a conspicuous place on the
premises, and such procedures shall be deemed the equivalent of personal
notice.
(5)
Upon refusal or neglect of the person served with a notice of
unsafe structure to comply with the requirements of the order to abate
the unsafe condition, the Construction Official shall, in addition
to any other remedies herein provided, forward the matter to the legal
counsel of the jurisdiction for an action to compel compliance.