[HISTORY: Adopted by the City Council of the City of Atlantic City 3-25-1992 by Ord. No. 26-1992.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 111, Construction Codes, Uniform, adopted 12-23-1976 by Ord. No. 38-1976, as amended.
A. 
There shall be established in the City of Atlantic City a State Uniform Construction Code enforcing agency, to be known as the "Atlantic City Division of Construction," consisting of a Construction Official and such subcode officials as required by the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
[Amended 9-2-1998 by Ord. No. 46-1998]
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] and N.J.A.C. 5:23 to hold such position.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
C. 
The public shall have the right to do business with the enforcing agency at an office or location except for emergencies, and unforeseen or unavoidable circumstances.
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996]
A. 
Appeals from decisions made by the enforcing agency shall be heard before the Atlantic County Construction Board of Appeals, pursuant to the requirements of N.J.S.A. 52:27D-127 and N.J.A.C. 5:23-2.35.
B. 
State of New Jersey training fees shall be in the amount of $0.00371 per cubic foot of volume of new construction. Volume shall be computed in accordance with N.J.A.C. 5:23-4.19(b). The training fee for all other construction shall be $1.90 per $1,000 of value of construction.
[Amended 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016; 10-20-2021 by Ord. No. 47-2021]
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996]
A. 
Fees shall be rounded to the nearest dollar amount.
B. 
The fee for reinstatement of a lapsed permit shall be 50% of the original fee, except that the minimum fee shall be $65.
[Amended 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
The fees for plan review shall be 25% of the amount to be charged for a new construction permit. The fees shall be paid at the time that a construction permit is applied for.
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 9-24-1997 by Ord. No. 54-1997; 12-29-2003 by Ord. No. 74-2003; 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
The basic construction permit fee shall be the sum of the parts computed on the basis of the volume of the structure or the cost of construction, the number of plumbing fixtures and stacks, the number of electrical fixtures and devices, plus any special fees in each case. The minimum fee for a basic construction permit shall be $65. In the case of partial releases or fast-tracking, the total volume-based fee for new buildings or additions, or cost-based fees for alterations, replacements, repairs, etc., shall be paid at the time of release of the first partial building permit.
A. 
New construction or additions. The fees for new construction or additions shall be based upon the volume of the structure, as 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 use groups and types of construction as defined in Chapters 3 and 4 of the building subcode.
(1) 
Temporary structures and all structures for which volume cannot be computed, such as swimming pools and open structural towers, shall be charged a fee of $150.
(2) 
No fee shall be required for premanufactured construction, assembly or components transported to the construction site. A fee shall be required for work performed at the site, including but not limited to foundation systems, structural installations and external utility connections.
B. 
Renovations, alterations and repairs.
(1) 
Fees for renovations, alterations, repairs and combinations thereof shall be based upon the following schedule:
(a) 
For costs up to $50,000, the fee shall be $34 per $1,000 of cost.
(b) 
From $50,001 to $100,000, the fee shall be $26 per $1,000 of cost.
(c) 
For costs over $100,000, the fee shall be $22 per $1,000 of cost.
(2) 
For the purpose of determining estimated cost, the applicant shall submit to the Construction Official cost data produced by the architect or engineer of record or by a recognized estimating firm or by the contractor. A bonafide contractors bid, if available, shall be submitted. The construction official shall make the final decision regarding estimated cost.
(3) 
Where any material or labor proposed for installation in the building or structure is furnished or provided at no cost, the prevailing rate or cost shall be included in the estimated cost.
(4) 
There shall be a flat fee of $65 for all roofing and siding work completed on structures in Use Groups R-3 and R-4.
C. 
There shall be an additional fee of $64 per hour for review of any amendment or change to a plan that has already been released.
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
A. 
The fee shall be $15 for each fixture and appliance connected to the plumbing, gas and/or storm systems, except as listed in Subsection B below.
B. 
The fee shall be $91 for each of the following special devices:
(1) 
Grease traps.
(2) 
Oil separators.
(3) 
Water-cooled air-conditioning units.
(4) 
Utility service connections.
(5) 
Refrigeration units.
(6) 
Backflow preventers equipped with test ports.
(a) 
Double-check-valve assembly.
(b) 
Reduced pressure zone.
(c) 
Pressure vacuum breaker.
(7) 
Steamboilers.
(8) 
Hot-water boilers, excluding domestic water heating.
(9) 
(Reserved)
(10) 
Active solar systems.
(11) 
Sewer pumps.
(12) 
Interceptors.
(13) 
Fuel oil piping.
C. 
Fees for hydronic piping shall be based upon the following schedule:
Cost
Fee
$0 to $50,000
$34 per $1,000 cost
$50,001 to $100,000
$26 per $1,000 cost
Over $100,000
$22 per $1,000 cost
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996]
A. 
The fees shall be as follows:
(1) 
Receptacles or fixtures:
(a) 
Fee schedule.
[Amended 4-6-2016 by Ord. No. 18-2016]
Number of Fixtures
Fee
0 to 50
$50
Each additional 25
$12
(b) 
For the purpose of computing this fee, "receptacles or fixtures" shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures.
(2) 
Motors and electrical devices:
[Amended 4-6-2016 by Ord. No. 18-2016]
Type
Fee
Over 1 hp up to 9 hp
$20
Up to 50 hp
$65
Up to 100 hp
$129
Larger than above
$640
(3) 
Service panels, service entrance, subpanels:
[Amended 4-6-2016 by Ord. No. 18-2016]
Type
Fee
Up to 199 amps
$65
Up to 399 amps
$105
Larger than above
$215
Service over 999 amps
$640
(4) 
Transformers and generators:
[Amended 4-6-2016 by Ord. No. 18-2016]
Type
Fee
Over 1 kw up to 9.0 kw
$65
Up to 45.0 kw
$85
Up to 110 kw
$129
Larger than above
$640
Electrical baseboard heat
$30 per device
(5) 
Signage (each): $65.
[Amended 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
(6) 
Service reconnect (each): $65.
[Amended 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
B. 
For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted, including control equipment, generators, transformers, and all heating, cooking or other devices consuming or generating electrical current.
C. 
Bonding and ground certificate and electrical certificate of compliance for pools, spas and hot tubs.
[Added 6-9-1999 by Ord. No. 25-1999]
(1) 
Fee for the inspection and issuance of the bonding and grounding certificate and the electrical certificate of compliance: $65 per unit.
[Amended 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 10-20-2010 by Ord. No. 73-2010]
A. 
The installation fees shall be as follows:
(1) 
Sprinklers:
[Amended 4-6-2016 by Ord. No. 18-2016]
Number of Heads
Fee
1 to 20
$91
21 to 100
$168
101 to 200
$321
201 to 400
$831
401 to 1,000
$1,150
Each additional 100 heads over 1,000
$65
(2) 
Alarm devices (smoke and heat detectors, manual pull boxes, water flow alarm switches and supervisory tamper switches):
Number of Devices
Fee
1 to 20
$65
21 to 100
$120
101 to 200
$229
201 to 400
$594
401 to 1,000
$822
Each additional 100 devices over 1,000
$50
(3) 
The fee for each standpipe shall be $321.
[Amended 4-6-2016 by Ord. No. 18-2016]
(4) 
The fee for each preengineered suppression system shall be $129.
[Amended 4-6-2016 by Ord. No. 18-2016]
(5) 
The fee for kitchen exhaust systems (hood, duct and exhaust fan): estimated cost same as alterations and repairs.
(6) 
The fee for gas- or oil-fired appliance (not connected to plumbing system) shall be $65.
[Amended 4-6-2016 by Ord. No. 18-2016]
(7) 
The fee for incinerators shall be $511.
[Amended 4-6-2016 by Ord. No. 18-2016]
(8) 
The fee for crematoriums shall be $511.
[Amended 4-6-2016 by Ord. No. 18-2016]
(9) 
The fee for fire pumps shall be $350.
[Amended 4-6-2016 by Ord. No. 18-2016]
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016; 2-21-2018 by Ord. No. 2-2018]
A. 
The fee for demolition or removal of a structure of less than 5,000 square feet in area and less than 30 feet in height for one- and two-family residences and structures on farms, including commercial buildings used exclusively for storage of food, grain or sheltering of livestock, shall be $100.
B. 
All other use groups as defined in the currently adopted international building code shall be as follows:
(1) 
One to four stories: $200.
(2) 
For each story above four stories: $50.
C. 
The fees for abandonment of fuel or similar storage tanks shall be as follows:
(1) 
Tanks of 660 gallons or less capacity: $75.
(2) 
All tanks of more than 660 gallons capacity: $150.
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996]
A. 
For projects undertaken in accordance with N.J.A.C. 5:23-8, the fee shall be $196.
[Amended 4-6-2016 by Ord. No. 18-2016]
B. 
The fee for asbestos abatement in buildings or structures being prepared for demolition (razing) of the structure shall be $196.
[Amended 4-6-2016 by Ord. No. 18-2016]
C. 
The fee for asbestos abatement which is undertaken in buildings or structures not classified as public buildings per N.J.A.C. 5:23-8 shall be considered as alterations, and shall be charged a fee for alteration per § 111-5B of this chapter.
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016
A. 
The fee for signs computed on one side only, per square foot, shall be $3.
B. 
Notwithstanding Subsection A above, the minimum fee for all signs shall be $65.
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016; 2-21-2018 by Ord. No. 2-2018]
A. 
The fees for witnessing acceptance tests and performing inspections on new and altered elevator devices shall be as follows:
(1) 
The basic fees for elevator devices in structures not in use group R-3 or R-4 or R-5, or in an exempted structure of Group R-2, shall be as follows:
Device
Fee
Traction and winding-drum elevators
1 to 10 floors
$340
Over 10 floors
$567
Hydraulic elevators
$302
Roped hydraulic elevators
$340
Escalators, moving walk
$302
Dumbwaiters
$76
Stairway chairlifts, inclined and vertical wheelchair lifts, manlifts
$76
(2) 
Additional charges for devices equipped with the following features shall be as follows:
Device
Fee
Oil buffers (charge per oil buffer)
$60
Counterweight governor and safeties
$151
Auxiliary power generator
$114
(3) 
The fee for elevator devices in structures in Use Group R-3 and R-4 or R-5, or otherwise exempt devices in structures of Group R-2, shall be $227, except fees for dumbwaiters, stairway chairlifts, and inclined and vertical wheelchair lifts shall be $76.
B. 
The fees for required routine and periodic inspections and tests for elevator devices in structures not of Group R-3, R-4 or R-5, or otherwise exempt devices in structures of Group R-2, shall be as follows:
[Amended 5-18-2022 by Ord. No. 23-2022]
(1) 
The fee for six-month routine inspection, escalators: $211.
(2) 
Basic annual fees are as follows:
Device
Fee
Traction and winding-drum elevators
1 to 10 floors
$339
Over 10 floors
$409
Hydraulic elevators
$258
Roped hydraulic elevators
$302
Moving walks
$484
Dumbwaiters
$120
Stairway chairlifts, inclined and vertical wheelchair lifts, mainlifts
$182
Escalators
$695
(3) 
Additional charges for devices equipped with the following features as follows:
Device
Fee
Oil buffers (charge per oil buffer)
$60
Counterweight governor and safeties
$120
Auxiliary power generator
$120
C. 
The fee for any reinspection of an elevator device shall be set at $211 and shall be billed separately upon issuance of a notice of violation necessitating a reinspection.
[Amended 5-18-2022 by Ord. No. 23-2022]
D. 
The fee for the three-year or five-year inspection of elevator devices shall be as follows:
[Added 5-18-2022 by Ord. No. 23-2022]
Device
Fee
Traction and winding-drum elevators
1 to 10 floors (five-year inspection)
$513
Over 10 floors (five-year inspection)
$646
Hydraulic and roped hydraulic elevators
Three-year inspection
$387
Five-year inspection
$258
E. 
Third-party vendor fees. The Division of Construction Office shall collect an administrative fee, set at 25% of third-party vendor fees, in order to cover a proportionate share of administrative costs incurred by the local enforcing agency in connection with inspections performed by private agencies for the enforcement of the Elevator Subcode. The monies so collected shall be deposited in a dedicated trust by rider, which monies may be expended to offset such administrative costs.
[Added 5-18-2022 by Ord. No. 23-2022]
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 10-20-2010 by Ord. No. 73-2010]
A. 
The fee for an annual construction permit shall be charged annually. This fee shall be 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 as defined by N.J.A.C. 5:23-3. Managers, engineers and clerical workers shall not be considered maintenance workers for the purpose of establishing the annual construction fee. The fees shall be as follows:
Number of Workers
Fee
1 to 25, including foreman (per worker, including foreman)
$840
Over 25, including foreman, per man
$292
B. 
Prior to the issuance of an annual permit, a training registration fee of $176 per subcode shall be submitted by the applicant to the Department of Community Affairs, Construction Code Element, Training Section, along with a copy of the construction permit (Form F-170C). Checks shall be made payable to "Treasurer, State of New Jersey."
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 10-20-2010 by Ord. No. 73-2010]
The fees for variations are as follows:
A. 
The fee for a variation in accordance with N.J.A.C. 5:23-2.10 for a Class I structure shall be $748.
B. 
The fee for resubmission of a denied variation for a Class I structure shall be $289.
C. 
The fee for a variation in accordance with N.J.A.C. 5:23-2.10 for a Class II and Class III structure shall be $151.
D. 
The fee for-resubmission of a denied variation for a Class II or Class III structure shall be $82.
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
The fee for the periodic reinspection of equipment and facilities granted a certificate of approval for a specified duration in accordance with N.J.A.C. 5:23-2.23 shall be as follows:
A. 
For cross connections and backflow preventors equipped with test ports, the annual fee for the testing of each device shall be $65.
B. 
If the device is broken down and tested, the annual fee shall be $150.
[Amended 12-7-1994 by Ord. No. 106-1994; 3-27-1996 by Ord. No. 9-1996; 9-24-1997 by Ord. No. 54-1997]
The fees for certificates shall be as follows:
A. 
Certificate of occupancy: $150.
[Amended 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
B. 
Certificate of occupancy for a change of use: $174.
C. 
Certificate of continued occupancy: $168.
[Amended 10-20-2010 by Ord. No. 73-2010; 4-6-2016 by Ord. No. 18-2016]
D. 
Temporary certificate of occupancy: $35.
[Amended 1-30-2002 by Ord. No. 2-2002; 10-20-2010 by Ord. No. 73-2010]
E. 
Certificate of approval: no charge. This certificate certifies that the work has been completed satisfactory under a construction permit. Certificates of approval shall be required for, but not limited to, the following:
(1) 
Fire protection systems, except residential smoke detectors.
(2) 
Periodic elevator inspections.
(3) 
Asbestos abatement.
(4) 
Pressure vessels.
(5) 
High-pressure boilers.
(6) 
Refrigeration systems.
(7) 
Hazardous uses.
(8) 
Any other items as deemed necessary by the construction official.
(9) 
Any item requested by the property owner.
[Added 5-6-1992 by Ord. No. 45-1992]
A. 
On each business day, during business hours, one or more persons employed in the city's Building Division shall be designated to receive and document complaints made by citizens regarding violations of the City Construction Code. Such complaints may be made in person at the offices maintained by the Building Division pursuant to § 111-1C of this chapter. Within 14 days of the effective date of this section, a complaint form shall be developed and maintained by the Building Division, which complaint form shall, at a minimum, require information regarding:
(1) 
The date the complaint is made to the city official taking the complaint;
(2) 
The commonly known address and/or location by lot and block number, if known by complainant, of the property containing the alleged violation;
(3) 
The specific nature, extent and location, within the premises, of the alleged violation; and
(4) 
The action to be taken upon the complaint by city building code officials.
B. 
The complaint form may be structured to require additional information. Each complaint form shall be signed by the Building Division employee who takes the complaint, and a copy of the signed, filled-in complaint form shall be given to complainant at the conclusion of the interview from which the filled-in complaint form is derived. If the nature of the complaint is such that it does not provide a factual basis for a violation of the Construction Code, it shall be so stated, in writing, on the complaint form prior to giving a copy to the complainant. All complaints providing a factual basis for a violation of the City Construction Code shall be investigated and the complained-of premises shall be inspected for such violation by the appropriate City Building Division official within 10 business days of the date of the complaint, unless the premises complained of are under investigation for the same or similar violation at the time the complaint is made or the premises complained of have, within six months of the complaint, been inspected in a manner which should have detected the complained-of violation. In the event that the premises complained of are under investigation at the time the complaint is made, the new complaint shall be added to and made a part of such existing investigation.
[Added 12-7-1994 by Ord. No. 106-1994; amended 3-27-1996 by Ord. No. 9-1996]
A. 
The Construction Official shall, from after the effective date of this chapter, be empowered to change any fee to equal that of the Department of Community Affairs, Division of Construction, 60 days after the effective date and publication of such fees.
B. 
Upon any such change, the Construction Official shall prominently post a revised fee schedule in the Construction Office, where it may be seen by the public, and, upon request, furnish a copy of such revised schedule to members of the public.
C. 
Further, the Construction Official shall post a notice of such change 60 days prior to the effective date of such change in a prominent place in the Construction Office.
D. 
The Construction Official may not change any fee herein this chapter to a fee which does not equal the State Department of Construction's fee. Finally, all such changes must be supported by sufficient budgetary reasons, and total fees shall be calculated to produce only the revenue allowed by state law and regulation for maintenance of the Division of Construction.
[Added 2-19-2025 by Ord. No. 2-2025]
A. 
Definitions. For the purposes of this section, the following definitions apply:
CONTRACTOR
Refers to any individual or entity engaged in construction, renovation, or maintenance to commercial or residential properties within the City of Atlantic City.
WORKSITES
Shall include all outdoor and indoor worksites within the jurisdiction of the City of Atlantic City where construction, renovation, or related activities are taking place.
B. 
Dust, trash, debris and plastic control. Contractors operating within the City of Atlantic City shall do all of the following to control dust, trash, and plastic contaminants at their worksites:
(1) 
When cutting or drilling AZEK, TREX, any materials containing plastics, pavers, or wood treated with chemical contaminants, contractors shall use a vacuum attachment on all saws when practical to minimize the release of dust and micro plastic particles.
(2) 
Contractors shall cut and drill in confined spaces to keep dust levels to a minimum and facilitate ease of cleanup and prevent release of debris. These confined spaces should include tents to enclose the worksites or hoods made specifically for saws.
(3) 
Contractors shall cut and drill pavers with wet saws and in confined spaces to keep dust levels to a minimum and facilitate ease of cleanup and prevent release of debris. These confined spaces should include tents to enclose the worksites.
(4) 
Contractors shall not engage in cutting or drilling activities without placing a tarp under power tools to catch debris and contaminants.
(5) 
Contractors shall tarp their work areas and clean up all trash generated from work of the day like dust particles, microplastics and saw dust a minimum of once a day to prevent the dispersion of dust, trash, debris, and plastic contaminants.
(6) 
Contractors shall clean up all wood and plastic contaminants before leaving their worksites, ensuring that no waste is left behind nor can it be blown into areas beyond the worksite and/or property.
C. 
Prohibition on storm drain disposal.
(1) 
Contractors are strictly prohibited from blowing debris, dust, or plastic contaminants into storm drains. All contractors must dispose of waste materials properly in accordance with existing municipal waste disposal regulations.
(2) 
Contractors must separate waste and recyclable materials, such as cardboard, and dispose of in accordance with City ordinances and state laws.
D. 
Compliance and enforcement.
(1) 
Notice of this section shall be given with each new permit issued for construction, renovation, and related activities.
(2) 
The City of Atlantic City may conduct inspections of worksites to ensure compliance with this section, Any person who violates, fails or refuses to comply with this section or any part or section thereof shall, upon conviction in the Municipal Court of City of Atlantic City, be punished for each offense by a fine not to exceed $1,000 or by imprisonment for any term not exceeding 90 days, or both. Every such violation or refusal shall be deemed a separate violation, and each day that the same shall continue shall be deemed a separate violation.
(3) 
Contractors are responsible for informing their employees and subcontractors of the requirements and obligations set forth in this section.