Township of Washington, NJ Article II Uniform Construction Codes

[Adopted 1-16-2007 by Ord. No. 2007-03]

§ 59-4 Establishment of construction office; officials designated.

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.

§ 59-5 Conflicts of interest; applicability.

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.

C. The limitation on outside business or employment described in Subsection A shall, for a period of 18 months from the effective date of the Act, apply only to such business or employment within the Township. Thereafter, the application of Subsection A shall extend throughout the entire state.

§ 59-6 Appeals.

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.

§ 59-7 Fees.

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.

B. A schedule of the fees[1] imposed by this chapter shall be posted in the Construction Office and the Township Municipal Building and shall be accessible to the public.

[1] Editor's Note: See Art. III, Fees.

§ 59-8 Waivers. [1]

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.

§ 59-9 Filing of copy.

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.

§ 59-10 Elevator Subcode Official.

The Elevator Subcode Official position shall remain within the New Jersey Department of Community Affairs.

§ 59-10.1 Municipal certificate of continued occupancy; unsafe structures; notice; penalties.

[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.