[Amended 2-6-2017 by Ord.
No. 2017-02 (1162)]
A. There is hereby created a State Uniform Construction Code enforcing agency composed of the Borough of Lavallette and Borough of Seaside Park, with both municipalities being located in Ocean County, New Jersey. The shared Construction Department shall consist 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. The Construction Official shall establish the day-to-day operating routines of the agency and shall coordinate the activities of the subcode officials. The terms of the shared services agreement amongst the parties thereto are found in §§
20-5,
20-6 and
20-7 of this herein chapter.
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, and as further set forth in the shared services agreement, if any, 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.
C. The public shall have the right to do business with the enforcing agency at one or more office locations, except as set forth in the shared services agreement, §
20-7 of this herein chapter, and for emergencies and unforeseen or unavoidable circumstances.
D. No
person employed by the enforcing agency as 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, material,
appliances or services for the construction, alteration, demolition
or maintenance of buildings or structures within the Borough of Lavallette
nor shall any such official or employee engage in any other activity
or work which conflicts with his official duties.
E. The
Construction Official shall have the authority under state law to
issue any and all notices and violations on behalf of the member entities
to the shared services agreement and in accordance with said shared
services agreement.
All appeals from decisions of the enforcing
agency shall be made to the Construction Board of Appeals of the County
of Ocean.
[Amended 3-9-2009 by Ord.
No. 2009-03 (1056)]
A. The fee for a construction permit shall be the sum of the subcode fees as listed in Subsection
A(1) hereof and shall be paid before the permit is issued, except that the minimum fee for any subcode permit shall be $60.
[Amended 12-20-2010 by Ord. No. 2010-18 (1090); 2-6-2017 by Ord. No. 2017-03 (1163); 7-10-2017 by Ord. No. 2017-12 (1172); 3-18-2019 by Ord. No.
2019-02]
(1) The Building Subcode Fees shall be as follows: (Minimum fee is $80.)
(a) New construction:
[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. Use groups and types of construction are as classified
and defined in Articles 3 and 4 of the building subcode.
[2]
New residential construction in R-3, R-4 and R-5 (except as
in Subsection A(1)(a)[3][a] and [b] below):
[a]
Per cubic foot of volume: $0.039.
[3]
Other use groups:
[a]
Use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2: $0.039.
[b]
Modular fees shall be $63 per $1,000 on all site work. This
shall include excavation, transportation, placement cranes, pilings,
footings, foundations. Any on-site construction such as porches, decks,
etc., shall be calculated by volume and/or cost per $1,000.
(b) Renovations, alterations and repairs and site construction associated
with premanufactured construction: fee based on estimated cost of
the work. To determine estimated cost, the applicant shall submit
to the Construction Official such cost data as may be available 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, shall be submitted. The Construction Official shall make
the final decision regarding estimated cost.
|
Estimated Cost of Work
|
Fee
|
---|
|
$1 to $50,000
|
$34 per $1,000
|
|
$50,001 to $100,000
|
Add $26 per $1,000
|
|
Over $100,000
|
Add $22 per $1,000
|
(c) Additions: Fees shall be computed on the same basis as for new construction
for the added portion.
(d) Combination renovations and additions: Fees shall be computed separately in accordance with items in Subsection
A(1)(a) and
(b) above.
(e) Temporary structures, sheds, towers, fences greater than six feet
in height, open decks not attached to a principal or accessory structure,
and similar structure for which volume cannot be computed: $75.
(f) Roofing/Siding: The fee for roofing or siding in R-3, R-4, and R-5
uses shall be: $75. All repairs and demolition associated with new
roofs or siding shall be $30 per $1,000. All roofs built of asphalt
rubberized, etc., for Use Group B, E, F, H, M and S shall be calculated
using renovation and alteration repair fees.
(2) Plumbing subcode fees:
(a) Minimum fee. The minimum plumbing subcode fee shall be $100.
(b) Fixtures and stacks. The fee for fixtures, appurtenances, stacks,
air admittance valves, backflow prevention devices not equipped with
test ports, or appliances connected to the plumbing system, except
as otherwise listed, shall be:
[1]
For use group R-3, R-4 or R-5: $20 per item.
[2]
For all other use groups, the fee shall be $25 per item.
(c)
Piping replacement. For piping repairs or replacement of piping
(more extensive than between two adjacent joints or other ordinary
maintenance) not resulting in additional fixtures, appliances, equipment
or special devices, the fee shall be $75.
(d)
Special devices. For a special device, including but not limited
to grease traps, oil separators, refrigeration units, backflow prevention
devices equipped with test ports (double check-valve assemblies, reduced
pressure zone and pressure vacuum breaker backflow preventers), the
fee shall be $100.
(e)
Hot-water heaters. The fee for the installation of a hot-water
heater shall be: $100.
[1]
For new construction in use groups R-3, R-4, and R-5, the fee
is $75.
[2]
For all other installs: $100.
(f)
Public utilities connections. Utilities connections, including
public water connection and public sewer connection, the fee for each
connection shall be:
[1]
For use group R-3, R-4 and R-5: $100 each.
[2]
For all other uses, the fee shall be $150 for each.
(g)
For the installation or replacement of a tank for whatever purpose
to be used to contain a combustible liquid:
[1]
Tanks up to 1,000 gallons: $75 per tank.
[2]
Tanks over 1,000 gallons: $100 per tank.
[3]
All other use groups: $125.
(h)
Gas piping. New gas piping systems or alterations of an existing
system shall be charged based on the number of outlets on the system,
even if those outlets are for future appliances. The fee shall be:
[2]
Each additional outlet: $20 per outlet.
(i)
Swimming pool, spas or hot tub drains and vacuum release valves.
For the main drains and associated vacuum release valves, the fee
shall be:
[1]
R-3, R-4 and R-5 use groups:
[a]
Drain lines: $30 each drain inlet.
[b]
Vacuum release (when installed): $60 for each device.
[2]
For all other uses:
[a]
Drain lines: $75 for each drain inlet.
[b]
Vacuum release: $150 per device.
(j)
Auxiliary water meter. The fee for the installation of an additional
meter for outdoor usage and not connected to the sanitary sewer:
[1]
Use Group R-3, R-4 and R-5: $75.
(k)
Ongoing inspections. For the annual inspection or review of
a certification of a cross- connection control device performance
test, a flat fee shall be: $75.
(3) Fire protection subcode fees: Smoke detector or sprinkler not needed
in attic or crawl space provided no heat in those areas.
(a) Fire protection and other hazardous equipment: Sprinklers, standpipes,
detectors (smoke and heat), pre-engineered suppression systems, gas-
and oil-fired appliances not connected to the plumbing system, kitchen
exhaust systems, incinerators and crematoriums: minimum fee of $60.
|
Number of Heads
|
Fee
|
---|
|
1 to 20
|
$100
|
|
21 to 100
|
$150
|
|
101 to 200
|
$250
|
|
201 to 400
|
$600
|
|
401 to 1,000
|
$900
|
|
Over 1,000 heads
|
$1,100
|
(b) Detectors (alarms):
[1]
One to 20 detectors: $100.
[2]
For each eight additional detectors: $30.
(d) Independent pre-engineered system, each: $125.
(e)
Rooftop HVAC units: $65 each.
(f) Gas- or oil-fired appliance not connected to the plumbing system,
each: $75.
(g) Kitchen exhaust system, each: $125 commercial.
(k)
Suppression systems other than sprinkler/CO2, foam: $125.
(l)
Fire pumps:
|
Gallons per Minute
|
Fee
|
---|
|
Up to 249
|
$125
|
|
250 to 500
|
$289
|
|
501 to 1,000
|
$460
|
|
1,001 to 2,000
|
$748
|
|
Great than 2,000
|
$1,003
|
(m)
Fire Department connection: $229.
(n)
For the installation or replacement of a tank for whatever purpose
to be used for the containment of a combustible liquid.
[1]
Tanks up to 1,000 gallons: $100 per tank.
[2]
Tanks over 1,000 gallons: $150 per tank.
[3]
Abandonment or removal: $100 per tank.
(4) Electrical subcode fees:
(a) Fixtures and devices (shall include lighting outlets, wall switches,
electric discharge fixtures, convenience receptacle or similar devices,
and motors or devices of less than one horsepower or one kilowatt,
burglar, fire and communication devices, etc.): minimum fee of $100.
(b) Motors or electrical devices:
[1]
One horsepower or one kilowatt to 10 horsepower or 10 kilowatt:
$45.
[2]
Greater than 10 horsepower or 10 kilowatt to 25 horsepower or
25 kilowatts: $100.
[3]
Greater than 25 horsepower or 25 kilowatt or greater: $150.
(c) Transformers and generators:
[1]
One kilowatt or one kva to 10 kilowatts or 10 kva: $125.
[2]
Greater than 10 kilowatts or 10 kva to 25 kilowatts or 25 kva:
$150.
[3]
Greater than 25 kilowatts or 25 kva: $200.
(d) Service panels, service entrance, panelboards (each):
[1]
One to 125 amperes: $100.
[2]
Greater than 125 amps to 250 amps: $150.
[3]
Greater than 250 amps: $500.
(e) For the purpose of computing these fees, as in items Subsection
A(4)(b),
(c), and
(d), all motors including those in plug-in appliances shall be counted, also including control equipment, generators, transformers, and all heating, cooling, cooking, or other devices consuming or generating electrical current.
(f) Meter reset shall be based on service conductor size.
(g) Signs [counted in Subsection
A(4)(a) and
(b), based on rating].
(h) Permanent pools, spas, hot tubs or fountains:
(i) Annual inspection of commercial pools, spas, and hot tubs, includes
issuance of certificate of compliance: $150.
(5) Fees applicable to Subsection
A(1) through
(4) above.
(a) Plan review fee: 20% of the amount to be charged for a new construction
permit. In addition, there will be a fee of $65 per hour with a minimum
of one hour.
(b) Basic construction fee: the sum of the parts computed on the basis
of the volume or cost of construction, the number of plumbing fixtures
and equipment, the number of electrical fixtures and devices, and
the number of sprinklers, standpipes, and detectors (smoke and heat)
at the unit rates provided herein plus any special fees.
(c) Certificates and other permits:
[1]
Demolition or removal permit:
[a]
Structures less than 5,000 square feet in area and less than
30 feet in height, for one- or two-family residences (Use Group R-3
of the building subcode), and for structures on farms including commercial
farm buildings under N.J.A.C. 5:23-3.2(d), each: $125.
[b]
All other use groups: $250.
[2]
Sign permit: Permit fee to construct a sign shall be in the
amount of $5 per square foot surface area of the sign, computed on
one side only for double-faced signs. Minimum fee: $60.
[3]
Certificate of occupancy: $60.
[4]
Certificate of occupancy granted pursuant to a change of use
group: $150.
[5]
Certificate of continued occupancy: $125.
[6]
Temporary certificate of occupancy: $30.
[7]
Elevator devices: The fee for elevator devices where applicable
shall be in accordance with N.J.A.C. 5:23-12.6.
[8]
Annual permits:
[a]
Construction permits: flat fee based upon the number of maintenance
workers who are employed by the facility, and who are primarily engaged
in work that is governed by a subcode. Managers, engineers and clericals
shall not be considered maintenance workers for the purpose of establishing
the annual construction permit fee.
[b]
Annual permits may be issued for building/fire protection, electrical
and plumbing.
[i]
One to 25 workers (including foremen), each: $700.
[ii]
Over 25 workers, each additional worker: $200.
[iii]
Training registration fee, to be paid prior to issuance of an
annual permit; fee shall be submitted (payable to "Treasurer, State
of New Jersey"), per subcode: $150.
[9]
Reinstatement of lapsed permit, per subcode: $60.
[10]
For cross connections and back flow preventers subject to testing
and requiring reinspection, each: $60.
[11]
Asbestos abatement:
[a] Per $1,000 estimated cost of work: $34.
[c] Certificate of occupancy: $28.
[12]
Lead hazard abatement.
[b] Lead abatement clearance certificates: $35.
[c] Temporary construction trailer, office use only:
$150.
[13]
Tents: over 900 square feet or more than 30 feet in any dimension:
$120.
[14]
Solid-fuel-burning appliances:
[c] Masonry fireplace $30 per $1,000 estimated cost
of complete fireplace.
(6) Change in contractor for any disciplines during the course of work
being performed: $65.
(7) Mechanical subcode fees.
(a)
Minimum fee. The minimum fee for a mechanical permit shall be
$100.
(b)
Special devices.
[1]
For installation of a steam boiler: $100.
[2]
For installation of a hot water boiler: $100.
[3]
For installation of a hot air furnace: $100.
[4]
For installation of an air conditioning condenser: $100.
[5]
For installation of an air conditioning coil: $100.
[6]
For each condensate line off of a split system head, or off
of an air conditioning coil: $65 per line.
[7]
For installation of a new generator or replacement of an existing
generator: $100.
B. Surcharge fee. In order to provide for the training,
certification and technical support programs required by the Uniform
Construction Code Act and the regulations, the enforcing agency shall
collect a state permit fee which is under the authority of the New
Jersey Administrative Code. Said surcharge fee shall be remitted to
the Bureau of Construction Code, 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 one
month next succeeding the end of the quarter for which it is due.
C. The Construction Official shall, with advice of the
subcode official, prepare and submit to the Borough Council of the
Borough of Lavallette, 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.
D. General. All fees paid under the above fee schedule
shall be nonrefundable.
E. Posting of fee schedule. A schedule of the fees imposed
by this chapter shall be posted in the office of the Construction
Code Official and shall be accessible to the public.
F. The enforcing agency shall, on a quarterly basis,
submit a summary of all activities of the agency to the Mayor and
Council.
Any person, firm or corporation that shall be
convicted of a violation of a provision of this article shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
[Added 2-6-2017 by Ord.
No. 2017-02 (1162)]
A. The Borough of Lavallette hereby approves and agrees to the terms
of the shared services agreement by and between the Borough of Lavallette
and the Borough of Seaside Park for a shared Construction Department,
Zoning Department and Code Enforcement Department (hereinafter referred
to as "shared departments") to be incorporated herein by reference
(hereinafter referred to as the "shared services agreement") and expressly
authorizes the Mayor and Clerk of the Borough of Lavallette to execute
the shared services agreement on behalf of the Borough of Lavallette.
B. The shared departments shall be governed by this chapter and the
shared services agreement by and between the Borough of Lavallette
and the Borough of Seaside Park approved by the governing bodies of
the Borough of Lavallette and the Borough of Seaside Park.
[Added 2-6-2017 by Ord.
No. 2017-02 (1162)]
A. The term of the shared services agreement shall be four years and
shall commence on the date as so indicated in said agreement. Either
municipality may cancel the terms of the shared services agreement
with a written agreement to the other party with 90 calendar days'
notice.
B. All permit fees, penalties and other fees charged by the shared departments
for services provided in accordance with the shared services agreement
shall be collected by Lavallette in accordance with the fee schedules
in force within Lavallette and/or Seaside Park, deposited into Lavallette
accounts or subaccounts as deemed necessary by the Chief Financial
Officer of Lavallette and retained in full by Lavallette, subject
to any state/county law regarding same. The parties to the agreement
shall, as soon as possible after the execution of the agreement, but
in no event no later than within 60 calendar days after the effective
date of this agreement, amend their fee schedule(s)/ordinance(s) for
all services performed pursuant to the shared services agreement in
order to conform the fees for such service(s). The fees imposed by
each municipality subject to the shared services agreement must be
identical. In addition, during the term of this agreement, only the
Borough of Lavallette may amend the fee schedules imposed with respect
to all member municipalities to this agreement after consultation
with the member municipalities, to which each member municipality
shall amend their respective municipal ordinance(s)/fee schedule(s)
to comply.
C. All salaries and other related costs for successful operation of
the shared departments shall be the responsibility of Lavallette unless
otherwise specified.
D. Lavallette shall determine the employment and civil service status
of any new hires into the shared departments. Lavallette and Seaside
Park agree that the Civil Service Commission shall have jurisdiction
as set forth in the Civil Service Act, N.J.S.A. 11A:1-1, et seq. and
N.J.A.C. 4A:1-1 et seq. Lavallette shall be the primary employer for
purposes of N.J.S.A. 40A:65-11. For purposes of a reconciliation plan
and implementation plan which may be required by the Civil Service
Commission, the provisions of N.J.S.A. 40A:65-11a are adopted by reference
herein.
[Added 2-6-2017 by Ord.
No. 2017-02 (1162)]
A. All personnel of the shared departments shall be employees of, and
directed in their duties by, the Borough of Lavallette.
B. All employees, with the exception of clerical employees and technical
assistants to the Construction Official, shall have scheduled office
hours in both Lavallette and Seaside Park.
C. The Construction Official/Building Subcode Official and the technical
assistants to the Construction Official shall be employed by Lavallette
pursuant to separate and individual employment contracts. All other
employees will either be covered by one general employment agreement.
D. The hours of all full-time and part-time personnel, as well as the
compensation paid to said personnel, shall be determined solely by
Lavallette.
E. Seaside Park and Lavallette shall both provide office space for the
shared departments.
F. Office hours for the shared departments shall be 8:00 a.m. to 3:00
p.m., Monday through Friday, with the exception of federal, state
or local holidays.
G. Seaside Park shall provide the use of four vehicles for use by the
inspectors/subcode officials, etc., in the performance of their duties.
The vehicles shall not be used for transportation to and from work
nor leave the jurisdiction of the Borough of Seaside Park except to
get fuel from the pumps in Lavallette by any employees of the shared
departments. Lavallette shall provide the fuel for such vehicles.
Vehicle maintenance and insurance remains the responsibility of Seaside
Park as vehicle owner.
H. All office materials and supplies for the shared departments shall
be provided by Lavallette.
I. Current computers in the present Seaside Park construction/zoning/code
enforcement office shall remain the property of Seaside Park. Seaside
Park must maintain same in good working order such that they are available
for use by the shared departments. In the event that such property
needs replacement, Lavallette shall provide the equipment and shall
maintain ownership of same.
J. All computer software programs needed for the operation of duties
related to construction/zoning/code enforcement will be determined
and provided by Lavallette and be the property of Lavallette.