[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as
Sec. 11-1 of the 1988 Code. Amendments noted where applicable.]
A.
Establishment. There is hereby established, pursuant
to N.J.S.A. 52:27D-119 et seq., in the Borough, a State Uniform Construction
Code enforcement agency to be known as the "Construction Enforcement
Department," consisting of the following officials:
[Amended 2-21-2017 by Ord. No. 1697]
B.
Qualification of officers.
(1)
Each official position created by Subsection A above shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and the regulations adopted thereunder, as amended,[1] provided that, in lieu of the appointment of any subcode
official, the Mayor and Council of the Borough may retain by contract
a qualified on-site inspection agency pursuant to the regulations.
If a qualified on-site inspection agency or agencies are retained,
the Construction Official shall coordinate all activities with respect
to enforcement and administration of the Uniform Construction Code.
[Amended 2-21-2017 by Ord. No. 1697]
[1]
Editor's Note: "The regulations" refers to
the regulations established by the Commissioner of the Department
of Community Affairs.
C.
Appointment. Except as may hereafter be provided,
the Construction Official and the various subcode officers shall be
appointed by the Mayor and Council of the Borough. The Construction
Official and each such subcode officer shall be appointed for a term
of four years, except where a qualified on-site inspection agency
has been retained. Nothing herein shall be deemed to constitute the
granting of tenure to any such officer appointed; however, for any
officer appointed who shall be under tenure at that time, such tenure
shall continue, and for any such officer appointed who shall subsequently
gain tenure under any other ordinance or statute, such tenure shall
continue.
[Amended 2-21-2017 by Ord. No. 1697]
D.
Removal. The Mayor and Council of the Borough may
remove any such appointed officer for cause, after written notice
of intention to remove, after hearing, has been given to such officer
and after a hearing before the Mayor and Council has been held.
E.
Personnel. The Mayor and Council of the Borough shall
by resolution hire personnel or transfer personnel, either on a full-
or part-time basis, for the purpose of the administration of the Uniform
Construction Code and the regulations in connection therewith, or
shall by resolution authorize the Construction Official to so hire
or transfer personnel.
[Amended 2-21-2017 by Ord. No. 1697]
F.
Responsibility.
(1)
In the event that any subcode officer or any administrative
personnel hired or transferred on a full- or part-time basis is an
employee of, holds any other office or position in or is employed
by the Borough, such dispersed personnel shall, for purposes of the
Uniform Construction Code and its enforcement, be subject to the procedures
and policies of the Construction Enforcement Department and shall
be primarily responsible to the Construction Official.
[Amended 2-21-2017 by Ord. No. 1697]
(2)
Irrespective of any dispersal of personnel as mentioned
above, the public shall have the right, unless in the case of emergency
or unforeseen or unavoidable circumstances, to do business with respect
to the Uniform Construction Code at one location in the Borough.
G.
Rules and regulations. The Construction Official is
hereby authorized to promulgate such written rules and regulations
governing the Construction Enforcement Department and its officers
and employees as may be necessary to establish and provide day-to-day
office procedure, provided that such rules and regulations do not
conflict with and are in accordance with the Uniform Construction
Code and the regulations in connection therewith. No such rules and
regulations or amendments thereto shall become effective until approved
by resolution of the Mayor and Council.
[Amended 2-21-2017 by Ord. No. 1697]
[Amended by Ord. No. 920; Ord. No. 997; Ord.
No. 1092]
A.
Plan review fees. Twenty percent of the amount charged
for the construction permit fees shall be deemed to be the plan review
fee.
B.
Permit fees.
[Amended 8-19-2008 by Ord. No. 1423; 8-18-2009 by Ord. No. 1454; 5-18-2010 by Ord. No. 1479]
(1)
Construction permits. The fee for a construction permit
shall be the sum of the building, plumbing, fire, electrical and elevator
subcode fees, as determined in the manner provided for hereafter,
and shall be paid before the issuance of such permit.
(a)
The building subcode fee shall be determined
as follows:
[1]
For new construction: $0.035 per cubic foot
of building, structure or improvement volume, provided that the minimum
fee shall be $85.
[2]
For additions: $0.04 per cubic foot of new volume,
provided that the minimum fee shall be $85.
[3]
For renovations, alterations and repairs: $15
per $1,000 of the estimated cost of the project, provided that the
minimum fee shall be $85.
[4]
For combinations of renovations and additions:
The sum of the fees computed separately as determined above.
[5]
For swimming pools: $15 per $1,000 of construction
costs.
[6]
For aboveground pools: $125. The fee shall be
in addition to any electrical, plumbing, fire, fence or soil moving
fees.
[7]
For fences, retaining walls: $85.
[8]
For sheds: $85.
[9]
Annual permits: $1,250.
[10]
Modular homes: $250 plus foundation and service
connections.
(b)
The plumbing subcode fee shall be determined
as follows:
Device
|
Fee
| |
---|---|---|
Water closet/bidet/urinal
|
$20
| |
Bathtub
|
$20
| |
Lavatory/sink
|
$20
| |
Shower/floor drain
|
$20
| |
Washing machine
|
$20
| |
Dishwasher
|
$20
| |
Commercial dishwasher
|
$45
| |
Water heater
|
$45
| |
Boiler/furnace
|
$65
| |
Steam boiler
|
$65
| |
Water utility connection (each)
|
$50
| |
Sewer utility connection (each)
|
$50
| |
Hose bibb
|
$20
| |
Water cooler
|
$20
| |
Garbage disposal
|
$20
| |
Water softener
|
$20
| |
Air-conditioner unit (water-cooled)
|
$50
| |
Indirect connection
|
$40
| |
Sewer ejector
|
$65
| |
Grease trap
|
$65
| |
Interceptor
|
$65
| |
Backflow device
|
$40
| |
Vent stack
|
$20
| |
Solar system
|
$90
| |
Roof drains
|
$35
| |
Special devices
|
$65
| |
Gas piping
|
$65
| |
Septic line (each)
|
$45
| |
Minimum fee for plumbing subcode inspections
|
$65
|
(c)
Fees for electrical inspections shall be as
follows:
[3]
Central air-conditioning unit, residential:
[a]
Exterior condenser each unit: $40 or minimum fee.
[4]
HP/KW central air-conditioning unit, commercial: Apply motor
schedule. Minimum fee: $75.
[5]
HP/KW space heater/ air handle: Apply motor schedule; minimum
fee: $75.
[7]
[9]
Service-meter equipment, feeders and subpanels.
[a]
Lights and receptacles: $95.
[b]
Temporary service: $95.
[c]
Not over 100 amperes, and up to 10 outlets: $95.
[d]
One hundred fifty to 225 amperes and up to 10 outlets:
$100.
[e]
Two hundred fifty to 400 amperes and up to 10 outlets:
$110.
[f]
Four hundred twenty-five to 600 amperes: $120.
[g]
Over 600 amperes: $145.
[h]
Meters over five: $10 each.
[i]
Remote subpanels: $50.
[10]
Plan review minimum charge: $50.
[13]
Electric signs, incandescent: Divide the total number of sockets
by four, applying rough wiring schedule for each sign.
[15]
Radio and television transmitting equipment. CCTV, radio and
television installations, each: $50.
[17]
Additional inspections. For reported correction defects found
in original installation (after second inspection and notice of correction):
Charge 50% of the above charges for each inspection, but not to exceed
$75.
[18]
X-ray unit: $35.
[19]
Temporary installations and decorative displays.
[a]
Temporary installations and decorative displays
for not over 60 days: Charge 50% of the schedule for permanent work.
[b]
No charge shall be less than $35.
[c]
Issuance of duplicate certificate (cut-in card):
$25.
[d]
Minimum electric fee: $50.
[e]
Notwithstanding the foregoing, the fee for a temporary
electrical permit for Borough-sponsored events, such as the Town Fair
and Memorial Day ceremony, shall be $20.
[Added 6-21-2016 by Ord.
No. 1679]
[20]
Equipotential bonding grid: $40.
[21]
Solar photovoltaic systems.
[Added 8-21-2012 by Ord.
No. 1553]
[a]
SOLAR ARRAY
SOLAR INVERTER
SOLAR MODULE
SOLAR PANELS
For purposes of this chapter, the following phrases and words
shall have the meanings indicated:
A mechanically integrated assembly of modules or panels with
a support structure and foundation, tracker and other components,
as required, to form a DC power-producing unit.
Equipment that changes DC power from the photovoltaic source
to AC power.
A complete, environmentally protected unit consisting of
solar cells, optics and other components, exclusive of tracker, designed
to generate DC power when exposed to sunlight.
A collection of modules mechanically fastened together, wired
and designed to provide a field-installable unit.
[b]
Fees for solar voltaic systems shall be as follows:
[i]
Residential use group:
[A]
Solar array from one kilowatt to 10 kilowatts: $45.
[B]
Solar array for each additional one-kilowatt unit measurement
or part thereof over 10 kilowatts: $2.
[C]
Each subpanel/disconnect: $45.
[D]
Each inverter up to 50 kilowatts: $60.
[E]
Over fifty-kilowatt inverter, for each additional ten-kilowatt
measurement or part of 10 kilowatts: $6.
[ii]
Other use groups:
[A]
Solar array from one kilowatt to 50 kilowatts:
$100.
[B]
Solar array for each additional ten-kilowatt unit
measurement or part thereof over 50 kilowatts: $15.
[C]
Each subpanel/disconnect: $50.
[D]
Each inverter up to 50 kilowatts: $75.
[E]
Over fifty-kilowatt inverter, for each additional
ten-kilowatt measurement or part of 10 kilowatts: $6.
(d)
Fire subcode inspection fees shall be as follows:
[1]
Fireplace and wood-burning stoves (building
permit also required): $85.
[3]
Fire suppression system (water, sprinkler, dry
chemical, foam, carbon dioxide).
Number of Heads
|
Fee
| |
---|---|---|
Up to 20
|
$85
| |
21 to 50
|
$120
| |
51 to 100
|
$150
| |
101 to 230
|
$245
| |
231 to 400
|
$310
| |
Over 400
|
$400
|
[4]
Standpipes.
Size
|
Fee
| |
---|---|---|
2 1/2-inch pipe per riser
|
$120
| |
4-inch pipe
|
$150
| |
6-inch pipe
|
$185
| |
8-inch pipe
|
$220
| |
Larger than 8 inches
|
$275
|
[5]
Hose station: $25.
[6]
Wall hydrant: $65.
[7]
Fire pump: $190.
[8]
Central control station/fire command: $375.
[9]
Automatic fire-detection/alarm system: $220.
[10]
Manual fire alarm: $90.
[11]
Each pull station: $15.
[12]
Emergency lighting/exit lighting: $75.
[14]
Installation LP/natural gas: $65.
[15]
All other mechanical equipment: $110.
[17]
Kitchen exhaust system (commercial): $75.
[18]
Gas or oil-fired furnace: $65.
[19]
Commercial cooking equipment: $65.
[20]
Swimming pool heater: $65.
[21]
Minimum fee: $85.
(e)
Mechanical subcode fees shall be as follows:
[Added 2-18-2020 by Ord. No. 1812]
[1]
$110 for the installation and replacement of heating and cooling
equipment, or other mechanical equipment in existing building of R-3,
R-4 and R-5 use groups. Other equipment shall include refrigeration,
air conditioning, gas piping, ventilation apparatus, heating systems
or standby power generators. The $110 fee shall be for each item.
[2]
Chimney liner: $85.
[3]
Hot-water heater or water storage tank: $45.
[4]
Notwithstanding anything to the contrary, the minimum fee for any
mechanical subcode permit shall be $85.
(2)
Demolition fees. The fee for a permit for demolition
of a one- or two-family residence: $125; for buildings accessory to
a one- or two-family residence: $65 and for all other buildings or
structures: $250.
(3)
Fees for moving building. The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $15 per $1,000 of the sum of the estimated costs for moving, new foundations and placement in a completed condition in the new location, as determined in accordance with Subsection D hereof, provided that the minimum fee shall be $65.
(4)
Fee for construction of sign. The fee for a permit
to construct a new sign shall be $85 for a sign that is 30 square
feet or less in area and $100 for a sign that is more than 30 square
feet in area. For the refacing of a sign, the fee shall be $50 for
each side. The fee for streamers, flags and pennants shall be $50.
[Amended 8-21-2012 by Ord. No. 1553 ]
(5)
Fee for a certificate of occupancy.
(a)
A certificate of occupancy for new construction,
including additions to presently existing structures, shall be 5%
of the new construction fees, provided that the minimum fee shall
be $65.
(b)
The fee for a nonresidential certificate of continued occupancy
or a certificate of occupancy granted pursuant to a change of use
shall be $150. The fee for a reinspection shall be $75.
[Amended 7-21-2015 by Ord. No. 1635; 3-17-2020 by Ord. No. 1813]
(c)
The fee for a certificate of occupancy upon resale or rental
of residential property shall be $100. The fee for a reinspection
shall be $75.
[Amended 7-21-2015 by Ord. No. 1635; 3-15-2016 by Ord. No. 1659; 3-17-2020 by Ord. No. 1813]
(d)
The fee for a multiple certificate of occupancy
shall be $125 per unit or use included in the structure, with the
maximum fee in the amount of the construction permit, provided that
the minimum fee shall be $155.
(e)
The fee for a certificate of approval for a
pool, fence, shed, deck, new roof, cabana, or similar structure shall
be $40.
(f)
The fee for a certificate of compliance for
the installation or alteration of HVAC, mechanical equipment, elevators,
dumbwaiters, escalators, moving walks, plumbing, electric wiring,
or any other equipment shall be $35.
(g)
The fee for a temporary certificate of occupancy
shall be $150.
[Amended 3-17-2020 by Ord. No. 1813]
(h)
The fee for a variation (N.J.A.C. 5:23-2.10)
shall be $250.
(7)
Fee for reinstatement of a lapsed permit. Fee shall
be the amount of the original permit fee reduced by the fees for work
already completed where the work does not have to be redone. However,
the fee shall not be less than the minimum which would have been paid
initially.
C.
Surcharge fee.
(1)
Collection and payment. The Construction Enforcement
Department shall collect, in addition to the fees specified above,
a surcharge fee amount. This fee shall be in the amount of $0.0016
per cubic foot volume of new buildings and additions. Volume shall
be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all
other construction shall be $0.80 cents per $1,000 of value of construction.
All such surcharge fees shall be remitted to the Bureau of Regulatory
Affairs, Department of Community Affairs, on a quarterly basis.
(2)
Reports. The Construction Enforcement Department shall
report quarterly to the Bureau of Regulatory Affairs the volume of
construction within the Borough of Franklin Lakes and the total amount
of the surcharge fee collected.
D.
Definitions. For purposes of determining permit fees,
the following definitions and computation rules shall apply:
(1)
Volume computation shall be determined as follows:
(a)
Structures with basements. The volume of the
structure shall include all enclosed dormers, porches, penthouses
and other enclosed portions of the structure, including attached garages
or garages constructed underneath such structure, extending from the
basement or cellar floor to the mean height of a pitched roof, or
the average height to the top of the roof beams of a flat roof.
(b)
Structures without basements. For structures
without basements or cellars, the volume shall be based on the height
measured to a level located 1/5 the distance from the first floor
level to the bottom of the footings, but not to exceed 2 1/2
feet below the first floor level.
(c)
Open sheds. For open sheds and other structures
of a similar character, whether attached or detached, the volume shall
be measured within the perimeter of the roof for a height from the
grade line to the mean roof level.
(2)
Estimated costs shall be based upon, if available,
cost data to be provided by the architect or engineer of record, a
recognized estimating firm, or by the constructor, which cost data
shall be submitted to the Construction Enforcement Department, with
the permit application, whose determination of estimated costs shall
be final.
E.
General. All fees paid under the above fee schedule
shall be nonrefundable.
F.
Reports. The Construction Official shall, with the
advice of the subcode officers, prepare and submit to the Mayor and
Council, biannually, a report recommending alterations of and changes
to the above fee schedule, based on the operating expenses of the
Construction Enforcement Department and any other expenses of the
Borough of Franklin Lakes fairly attributable to the enforcement of
the Uniform Construction Code.
[Amended 2-21-2017 by Ord. No. 1697]
G.
Reinspection penalties. Where an inspection is requested
and the Construction Official or his representative or any subcode
officer appears at the site for the inspection and an inspection cannot
be conducted, a reinspection penalty of $25 shall be assessed and
the penalty must be paid prior to the Construction Official's or his
representative's or any subcode officer's rescheduling the inspection.
In the event that an inspection is requested and the Construction
Official or his representative or any subcode officer indicates that
there are deficiencies which must be corrected and at a second inspection
the deficiencies noted during the first inspection remain, necessitating
a third inspection, there shall be a reinspection penalty of $25 assessed.
The penalty must be paid prior to the reinspection.
[Amended 2-21-2017 by Ord. No. 1697]
H.
No building permits shall be issued by the Construction
Official or any other official of the Borough until such time as it
has been determined that all real property taxes due on the premises
have been paid to date.
[Amended 2-21-2017 by Ord. No. 1697]
I.
All fees less than a dollar shall be rounded off to
the next lowest or highest dollar amount.
J.
No person shall be charged a construction permit surcharge
fee or enforcing agency fee for any construction, reconstruction,
alteration or improvement designed and undertaken solely to promote
accessibility by disabled persons to an existing or private structure
or any of the facilities contained therein.
[Amended 2-21-2017 by Ord. No. 1697]
A.
Reports. The Construction Official shall prepare and
submit to the Mayor and Council, biannually, a report for use in delineating
or reevaluating the delineation of the fire limits. This report shall
indicate the recommendations of the Construction Official, the Building
Subcode Official and the Fire Subcode Official regarding those areas
which should be designated as within fire limits, with the reasons
therefor.
[Added 5-20-2008 by Ord. No. 1413; amended 2-15-2011 by Ord. No.
1511]
An application for a continued certificate of occupancy shall be filed with the Construction Official upon any change of occupancy of real property in the Borough. The Construction Official shall review the application and inspect the premises for compliance with all applicable codes and ordinances. No continued certificate of occupancy shall be issued if the property owner's escrow account for professional services is deficient or if there is an open construction permit for the property. An open construction permit is a permit for which final inspections have not yet been obtained and therefore the permit has not been closed. Prior to the issuance of a continued certificate of occupancy, a zoning permit shall be issued by the Zoning Officer in accordance with Chapter 495 of the Borough Code.
[Added 5-17-2011 by Ord. No. 1515]
A.
All new and existing residential swimming pools, spas and hot tubs
shall comply with the requirements for fences and barriers as set
forth in Section AG105 of Appendix G, "Swimming Pools, Spas and Hot
Tubs," of the International Residential Code, 2006, New Jersey edition,
and as same may be amended from time to time. These requirements shall
apply to all new and existing swimming pools, spas and hot tubs, installed
at any time. Copies of Section AG105 of Appendix G, "Swimming Pools,
Spas and Hot Tubs," of the International Residential Code, 2006, New
Jersey edition, and as same may be amended from time to time, shall
be available for the public in the Construction Enforcement Department
office during normal business hours.
[Amended 2-21-2017 by Ord. No. 1697]
B.
For residential swimming pools, spas or hot tubs installed prior to 1977, if the swimming pool, spa or hot tub does not meet the requirements as set forth above, then the property owner shall meet the requirements of this section within six months following the transfer of title of the property. Any person who fails to meet the requirements of this Subsection B within six months following the transfer of title of the property shall be in violation of this section of the Borough Code, and the maximum penalty upon conviction of the violation shall be a fine not exceeding $2,000. Each and every month that a violation exists shall constitute a separate violation.
[Amended 4-16-2019 by Ord. No. 1774]
[Added 7-21-2015 by Ord.
No. 1635]
There shall be submitted to the Construction
Official of the Borough, prior to or at the time of application to
him for a certificate of occupancy, all other certificates of approval
which are required, such as approval for electrical work, heating
work, etc. The Construction Official shall not issue his certificate
of occupancy until he has all other certificates of approval. In addition,
the Construction Official shall not issue a certificate of occupancy
until such time as he has determined that all real property taxes
for the premises have been paid to date.