[HISTORY: Adopted by the Township Committee of the Township of Delaware by Ord. No. 1976-12 (Sec. 8-1 of the 1985 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 135.
Construction record clearance — See Ch. 162.
Land use — See Ch. 230.
Property maintenance — See Ch. 268.
A. 
There is hereby established in the Township a State Uniform Construction Code enforcing agency to be known as "Delaware Township Construction Code 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 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 organization of the Delaware Township Construction Code Agency, the responsibilities and duties of the various officials and subcode officials within the agency, and the responsibility of such agency and the officials thereof and various other municipal subdivisions, boards or agencies of the Township shall be as may be defined and described by the Township Committee of the Township of Delaware.
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 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 position.
C. 
The public shall have the right to do business with the enforcing agency at one office location except for emergencies and unforeseen and unavoidable circumstances.
[Amended by Ord. No. 1978-6; Ord. No. 1984-17; Ord. No. 1989-16; Ord. No. 1990-10; Ord. No. 1991-6; Ord. No. 1991-8; 8-26-21996 by Ord. No. 1996-22; 4-12-1998 by Ord. No. 1998-12; 6-25-2001 by Ord. No. 2001-12; 7-9-2001 by Ord. No. 2001-15; 12-30-2002 by Ord. No. 2002-23; 1-27-2003 by Ord. No. 2003-04; 11-30-2009 by Ord. No. 2009-27; 9-13-2010 by Ord. No. 2010-09; 4-30-2018 by Ord. No. 2018-05; 9-10-2018 by Ord. No. 2018-13; 4-14-2025 by Ord. No. 2025-04]
A. 
The fee for a construction permit shall be the sum of the subcode fees listed as follows, where applicable, and shall be paid before a permit is issued. As per U.C.C. 5:23-4.20 there shall be an additional fee of $45 per hour for plan review of any amendment or change to a plan that has already been issued.
(1) 
Schedule 1: Building Subcode Fees.
(a) 
Minimum fees. The minimum fee covering any building work shall be $75.
(b) 
New construction and additions.
[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. The new construction fee shall be in the amount of $0.038 per cubic foot of volume for buildings and structures of all groups and types of construction as classified and defined in Chapters 3 and 6, respectively, of the building subcode.
[2] 
The fee shall be $0.021 per cubic foot of volume for Groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1, and S-2, and the fee shall be $0.0011 per cubic foot for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d), with the maximum fee for such structures on farms not to exceed $1,602.
[3] 
For purposes of calculating the volume to determine the fee for large, open-volume, single-story spaces in buildings, such as barns, silos, greenhouses, warehouses, distribution centers, and other agricultural and storage-use occupancies, the height shall be limited to 20 feet, notwithstanding the fact that the actual height of the space may be greater than 20 feet.
(c) 
Renovations, alterations and repairs.
[1] 
Residential groups, including U, per $1,000 of estimated cost of work.
[a] 
Costs of $0 to $50,000: $35.
[b] 
Costs from $50,001 to $100,000: $30.
[c] 
Costs over $100,000: $26.
[2] 
Residential groups.
[a] 
Roofs, siding and fences (over six feet) flat fee: $110.
[b] 
Solar systems flat fee: $110.
[c] 
Wind turbines flat fee: $110.
[3] 
Commercial groups, per $1,000 of estimated cost of work: $35.
[a] 
Roofs, siding and fences (over six feet) flat fee: $110.
[b] 
Solar system/wind turbines flat fee: $110.
(d) 
Pool and hot tub flat fees.
[1] 
Aboveground pools: $100.
[2] 
In-ground pools: $350.
(e) 
Miscellaneous flat fees.
[1] 
Demolition: $65.
[2] 
Asbestos/lead abatement: $140.
[3] 
Sheds up to 600 square feet (over 600 square feet cubic volume): $75.
[4] 
Sign permit: $65.
[5] 
Retaining walls Class III structures: $100.
(f) 
No fee is required for "ordinary repairs" as the term is defined by regulations promulgated by the State of New Jersey.
(g) 
The fee for the combination of renovations and additions shall be computed separately.
(2) 
Schedule II: Plumbing Subcode Fees.
(a) 
Minimum fees. The minimum fee covering any plumbing work shall be $75.
(b) 
Miscellaneous fixtures or devices. Each plumbing fixture or device except as stated below: $20.
(c) 
Fixtures or devices. Special devices for grease traps, oil separators, water cooled a/c units, sewer ejectors, domestic steam boilers, active solar systems, utility service connections, and backflow preventers: $75.
(d) 
Fixtures or stacks (each). For the purpose of computing, this fee shall include but not be limited to lavatories, kitchen sinks, tubs, shower stalls, floor drains, sinks, slop sinks, urinals, drinking fountains, hose bibs, water closets, roof drains, garbage disposals, or similar devices: $20.
(e) 
Annual inspection. Backflow preventers and cross connections that are subject to annual testing and inspection: $75.
(3) 
Schedule III: Electrical Subcode Fees.
(a) 
Minimum fees. The minimum fee covering any electrical work shall be $75.
(b) 
Switches, fixtures, receptacles.
[1] 
1 to 50 devices: $75.
[2] 
Each 25 additional devices: $50.
[3] 
Included in fixtures: burglar alarms, intercoms, smoke/carbon monoxide detectors, thermostats, signs, light standards.
(c) 
Transformers and generators.
[1] 
1 kw to 10 kw: $10.
[2] 
10.1 kw to 45 kw: $50.
[3] 
45.1 kw to 112.5 kw: $100.
[4] 
Over 112.5 kw: $475.
(d) 
Motors.
[1] 
1 hp to 10 hp: $10.
[2] 
Over 10.1 hp to 50 hp: $50.
[3] 
Over 50.1 hp to 100 hp: $100.
[4] 
Over 100 hp: $475.
(e) 
Miscellaneous line items: ranges, ovens, surface units, dishwashers, garbage disposals, dryers, A/C units, hydromassage whirlpool tubs, pumps, heat pumps, water heaters, central heat, baseboard heaters, motors all others or similar items.
[1] 
1 to 10 kw each: $20.
[2] 
Over 10 kw each: $50.
[3] 
Wind turbines flat fee: $110.
(f) 
Pools and hot tubs flat fees.
[1] 
Aboveground pools and hot tubs: $100.
[2] 
In-ground pools: $200.
(g) 
Service/subpanels, service entrance.
[1] 
Disconnects, backfed breakers, subpanels, service panels.
[a] 
0 to 100 amps: $75.
[b] 
101 to 200 amps: $125.
[c] 
Over 200 amps: $250.
(h) 
Solar systems.
[1] 
Inverters, PV systems, array.
[a] 
1 to 50 kw: $125.
[b] 
50.1 to 100 kw: $200.
[c] 
100.1 and over: $1,000.
*For purpose of computing fees, typical electrical devices are listed above and the proper kilowatt rating must be noted on the application so that the proper fee can be assessed. This typical list is not all-inclusive: dishwasher: 1.2 kw; water heater: 4.5 kw; electric dryer: 5 kw; range: 8 kw; baseboard heater: 2.5 kw.
(4) 
Schedule IV: Fire Subcode Fees.
(a) 
The minimum fee. The minimum fee for any fire subcode work shall be $75.
(b) 
Storage tanks all types (install, removal, or abandonment).
[1] 
2,000 gallons or less each: $75.
[2] 
2,001 gallons to 5,000 gallons each: $150.
[3] 
Over 5,001 gallons each: $250.
(c) 
Alarm systems residential groups. Smoke/heat detectors, pull stations, water flow.
[1] 
1 to 10 devices: $75.
[2] 
11 to 25 devices: $125.
(d) 
Alarm systems all other groups.
[1] 
1 to 10: $75.
[2] 
11 to 40: $150.
[3] 
41 to 100: $200.
[4] 
Over 100: $500.
(e) 
Suppression systems all groups.
[1] 
Dry pipe/alarm valve, each preaction valves, each sprinkler head (dry/wet).
[a] 
1 to 12: $100.
[b] 
13 to 40: $210.
[c] 
41 to 100: $370.
[d] 
Over 100: $500.
[2] 
Standpipes, yard hydrants, fire pumps (each): $300.
(f) 
Preengineered systems: wet/dry chemical, CO2 and foam/halon (each): $175.
(g) 
Exhaust systems.
[1] 
Commercial hoods (each): $175.
[2] 
Hoods and dryers, residential (each): $75.
(h) 
Miscellaneous line items. Miscellaneous items, including fireplaces, fired appliances, etc: $45 each.
(i) 
Solar panels.
[1] 
Up to and including 25 panels: $75.
[2] 
Each additional quantity of 25 panels: $25.
(5) 
Schedule V: Mechanical Subcode Fees.
(a) 
Minimum fees (Groups R-3 and R-5 only), gas piping, oil tank install, furnace install/replacement. The minimum fee for mechanical work shall be $110.
(b) 
Miscellaneous mechanical devices, additional devices (each device): $25.
(6) 
Schedule VI: Certificates.
(a) 
Flat fees.
[1] 
CCO fee: $200.
[2] 
Change of use: $300.
[3] 
Variation application (all groups): $250.
[4] 
TCO extension/renewal: $30.
[5] 
CO (minimum fees: $45 R groups, $65 all other groups): 10% of permit fee.
(7) 
Plan review/refund of a permit, a 25% fee will be charged.
(8) 
Any fees not covered by this ordinance will be charged according to N.J.A.C. 5:23-4.20.
(9) 
Training fees will be charged in accordance with N.J.A.C. 5:23-4.19.
(10) 
Premanufactured construction fees charged in accordance with N.J.A.C. 5:18(c).
The establishment of fire limits pursuant to N.J.A.C. 5:23 is reserved and shall be further established by amendment to this chapter on or before July 1, 1977, or on such date as may hereafter be established.
A. 
Penalty.
(1) 
Any person or corporation, including an officer, director or employee of a corporation who:
(a) 
Violates any of the provisions of this chapter or rules promulgated hereunder;
(b) 
Constructs a structure or building in violation of a condition of a building permit;
(c) 
Fails to comply with any order issued by an enforcing agency or the Department;
(d) 
Makes a false or misleading written statement, or omits any required information or statement in any application or request for approval to an enforcing agency or the department;
(2) 
Shall be subject to a penalty of not more than $500.
B. 
Anyone who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to this chapter or who unreasonably interferes with such an inspection, shall be subject to a fine of not more than $250.
C. 
With respect to Subsection A(1)(c) of this section, a person shall be guilty of a separate offense for each day that he fails to comply with a stop construction order validly issued by an enforcing agency or the Department and for each week that he fails to comply with any other order validly issued by an enforcing agency or the department. With respect to Subsection A(1)(a) and (d) of this section, a person shall be guilty of a separate offense for each violation of any provision of this chapter or rules promulgated hereunder and for each false or misleading written statement or omission of required information or statement made in any application or request for approval to an enforcing agency or the department. With respect to Subsection A(1)(b) of this section, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.
D. 
The penalties pursuant to this section may be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A: 58-1 et seq.). Jurisdiction to enforce such penalties is hereby conferred upon judges of the municipal court in addition to the courts specified by N.J.S.A. 2A:58-2. Suit may be brought by a municipality of the State of New Jersey. Payment of a money judgment pursuant hereto shall be remitted in the case of a suit brought by a municipality to the municipal treasurer, and in the case of a suit brought by the State of New Jersey, to the State Treasurer.