Township of Eastampton, NJ Chapter 205 Construction Codes, Uniform

[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Eastampton 5-21-1977 by Ord. No. 1977-9 (Ch. 40 of the 1974 Township Code).[1] Amendments noted where applicable.]

GENERAL REFERENCES

Unfit buildings — See Ch. 179.

Fire prevention — See Ch. 268.

Housing standards — See Ch. 307.

Property maintenance — See Ch. 385.

Sewers and sewage disposal — See Ch. 415.

Streets and sidewalks — See Ch. 456.

Subdivision of land and site plan review — See Ch. 460.

Zoning — See Ch. 540.

[1] Editor's Note: This ordinance also repealed original Ch. 36, Building Construction, adopted 12-26-1973 by Ord. No. 1973-6, "except to the extent that any permit issued thereunder prior to the effective date of this ordinance shall remain valid and the construction may be completed pursuant to and in accordance with said permit; and, further, except to the extent that a violation thereof has occurred and a complaint therefor has been filed prior to the effective date of this ordinance, which legal proceedings shall not be rendered ineffective by this ordinance."

§ 205-1 Enforcing agency established; subcode officials; office location.

A. There is hereby established in the Township of Eastampton a State Uniform Code enforcing agency, to be known as the "Code Enforcement Department," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Mechanical Subcode Official, Fire Subcode Official and Code Enforcement Officer and such other subcode officials 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.

[Amended 6-26-1978 by Ord. No. 1978-9; 5-31-1983 by Ord. No. 1983-10[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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,[2] 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 N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.

[2] 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 one office location, except for emergencies and unforeseen and unavoidable circumstances.

§ 205-2 Construction Board of Appeals.

[Added 6-26-1978 by Ord. No. 1978-9; amended 5-31-1983 by Ord. No. 1983-10]

A Construction Board of Appeals for the Township shall be the Burlington County Construction Board of Appeals.

§ 205-3 Fees.

[Amended 6-26-1978 by Ord. No. 1978-9; 5-31-1983 by Ord. No. 1983-10; 10-30-1984 by Ord. No. 1984-21; 2-25-1986 by Ord. No. 1986-3; 10-24-1989 by Ord. No. 1989-7; 3-13-1990 by Ord. No. 1990-3; 2-22-1993 by Ord. No. 1993-03; 6-25-1996 by Ord. No. 1996-02; 5-24-1999 by Ord. No. 1999-08; 12-20-1999 by Ord. No. 1999-12; 4-12-2010 by Ord. No. 2010-05]

The fee for a construction permit shall be the sum of the subcode fees listed in Subsections A through I below and shall be paid before the permit is issued.

A. Building subcode fees.

(1) New construction. Fees for new construction shall be based upon the volume of the building or structure as computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.040 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the building subcode; except that the fee shall be $0.030 per cubic foot of volume for Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2, and the fee shall be $0.020 per cubic foot for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d). The minimum fee shall be $69.

(2) Renovations, alterations and repairs. Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. The fee shall be $36 per $1,000, or a fraction thereof, for the first $50,000 of estimated cost of construction; from $50,001 to and including $100,000, the fee shall be $27 per $1,000 of the estimated cost of construction; and above $100,000, the additional fee shall be in the amount of $22 per $1,000 of estimated cost above $100,000, provided that the minimum fee of $69 shall be paid. For the purpose of determining estimated cost, the applicant shall submit to the Department cost data produced either by the architect or engineer of record, or by a recognized estimating firm, or by the actual contract signed by the owner and the contractor. A bona fide contractor's bid, if available, shall be submitted. Where any material or labor is furnished or provided at no cost, its normal or usual cost shall be included in the estimated cost. The Department shall make the final decision regarding the estimated cost.

(3) Minor construction. Fees for minor construction work shall be based upon the estimated cost of construction. The fee shall be as listed in Subsection A(2), Renovations, alterations and repairs, above. Minor work shall be as described in the State Uniform Construction Code, N.J.A.C. 5:23-2.17A.

(4) Exterior additions. For exterior additions, the fee shall be $0.040 per cubic foot of building or structure volume for the added portion, with a minimum fee of $69.

(5) Renovations and additions combination. For combinations of renovations and additions, the fee shall be computed separately as renovations and additions.

(6) Zoning applications.[1]

[1] Editor's Note: For the fees to file a zoning application for review, see § 540-79C.

(7) Demolition. The fee for a demolition or removal permit shall be $100 for a structure of less than 5,000 square feet in area and less than 30 feet in height for a one- or two-family dwelling (Use Group R-3 or R-5 of the building subcode) and structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d), and $151 for all other groups.

(8) Signs. Fees for ground-mounted, monument and pylon signs shall be $6 per square foot for the first 100 square feet, $4.50 per square foot for the next 400 square feet and $3 per square foot thereafter. The minimum fee shall be $69.

(9) Roofs. The fee for a roof permit for a single-family dwelling (Use Groups R-3 and R-4 only) shall be calculated as outlined in § 205-3A(2) above.

(10) Siding. The fee for a siding permit for a single-family dwelling (Use Groups R-3 and R-4 only) shall be calculated as outlined in § 205-3A(2) above.

(11) Asbestos abatement. The administrative fee for an asbestos abatement permit shall be $176.

(12) Tents. The fee shall be $138 for tents greater than 16,800 square feet or more than 140 feet in any dimension.

(13) Swimming pools. The fee for an aboveground swimming pool shall be $150. The fee for an in-ground swimming pool shall be $225.

(14) Solar/photovoltaic systems shall be charged a flat fee of $250 for Groups R-3, R-4 and R-5. All other use groups shall be charged a flat fee of $500.

B. Plumbing subcode fees.

(1) The fee shall be in the amount of $15 per fixture or stack for all fixtures as listed in the following Subsection B(4).

(2) The fee shall be $97 per special device for the following: grease traps, oil separators, water-cooled air-conditioning units, refrigeration units, utility service connections, backflow preventors, steam boilers, hot-water boilers (excluding those for domestic water heating), active solar systems, sewer pumps, interceptors and fuel-oil piping.

(3) The fee shall be $15 per appliance connected to the gas piping.

(4) For the purpose of computing this fee, fixtures or stacks shall include but not be limited to lavatories, kitchen sinks, slop sinks, urinals, water closets, bathtubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, hot-water heaters or similar devices.

(5) The minimum fee shall be $69.

B1. Mechanical subcode fees for R3 and R5 dwellings:

[Added 5-9-2022 by Ord. No. 2022-7]

(1) The fee for replacement or installation of any fuel oil piping, steam boiler, hot water boiler, or LPG tank shall be $97.

(2) The fee for installation or replacement of any hot air furnace, domestic water heater, oil tank or fireplace shall be $69.

(3) The fee for installation or replacement of any gas piping shall be $15.

(4) The minimum fee shall be $69.

C. Electrical subcode fees.

(1) For one to 50 receptacles and fixtures, the fee shall be $54; for each 25 additional receptacles or fixtures, the fee shall be $15. For the purpose of computing this fee, receptacles or fixtures shall include lighting, outlets, wall switches, fluorescent fixtures, convenience receptacles, alarm devices, smoke and heat detectors, communications outlets, light standards, carbon monoxide detectors, emergency lights, electric signs, exit lights, motors or similar devices less than one horsepower or one kilowatt.

(2) For each motor or electrical device greater than one horsepower and less than or equal to 10 horsepower and for transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts, the fee shall be $15.

(3) For each motor or electrical device greater than 10 horsepower and less than or equal to 50 horsepower, for each service panel, service entrance or subpanel less than or equal to 225 amps, and for all transformers and generators greater than 10 kilowatts and less than or equal to 45 kilowatts, the fee shall be $69.

(4) For each motor or electrical device greater than 50 horsepower and less than or equal to 100 horsepower, for each service panel, service entrance or subpanel greater than 225 amps and less than or equal to 1,000 amperes, and for transformers and generators greater than 45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall be $138.

(5) For each motor or electrical device greater than 100 horsepower, for each service panel, service entrance or subpanel greater than 1,000 amperes, and for each transformer or generator greater than 112.5 kilowatts, the fee shall be $685.

(6) 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 heat-cooking or other devices consuming or generating electrical current.

(7) Solar/photovoltaic systems. The fee shall be based on the designated kilowatt rating of the solar/photovoltaic system as follows:

(a) One to 50 kilowatts: $75.

(b) Fifty-one to 100 kilowatts: $200.

(c) Greater than 100 kilowatts: $576.

(8) For an annual swimming pool certification, the fee shall be $150.

(9) The minimum fee shall be $69.

D. Fire subcode fees. Fire-protection and hazardous equipment shall include sprinklers, standpipes, smoke and heat detectors, pre-engineered fire-suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums.

(1) Sprinkler and detection equipment. In computing fees for sprinkler heads and smoke/heat detectors, the number of each shall be counted separately, and two fees, one for sprinkler heads and one for smoke/heat detectors, shall be charged.

(a) The fee for 20 or fewer sprinkler heads or smoke/heat detectors shall be $82.

(b) The fee for 21 to and including 100 sprinkler heads or smoke/heat detectors shall be $151.

(c) The fee for 101 to and including 200 sprinkler heads or smoke/heat detectors shall be $289.

(d) The fee for 201 to and including 400 sprinkler heads or smoke/heat detectors shall be $748.

(e) The fee for 401 to and including 1,000 sprinkler heads or smoke/heat detectors shall be $1,036.

(f) The fee for over 1,000 sprinkler heads or smoke/heat detectors shall be $1,323.

(2) The fee for each standpipe shall be $289.

(3) The fee for each independent pre-engineered system shall be $138.

(4) The fee for each gas- or oil-fired appliance which is not connected to the plumbing system shall be $75.

(5) The fee for each kitchen exhaust system shall be $125.

(6) The fee for each incinerator shall be $460.

(7) The fee for the installation or removal of flammable or combustible liquid tanks shall be $69 per tank.

(8) The minimum fee shall be $69.

E. Certificate of occupancy fees.

(1) The fee for a certificate of occupancy shall be a flat fee of $100 for Groups R-3, R-4 and R-5. All other use groups shall be charged a flat fee of $200.

(2) The fee for a certificate of occupancy granted pursuant to a change of use group shall be $150. The fee for a change of ownership/tenant or certificate of continued occupancy shall be $150.

(3) The administrative fee for each certificate of occupancy issued following the successful completion of an asbestos abatement project shall be $35.

F. Elevator subcode fees: pursuant to the state fees as mandated by N.J.A.C. 5:23-4.20.

G. Refunds. In the event that a building permit becomes null and void, or when monies are requested to be refunded for permits not used, the volume of the work actually completed shall be computed. Any excess for the uncompleted work shall be returned to the permit holder, except that all penalties that may have been imposed on the permit holder under the requirements of the regulations shall first be collected. Plan review fees are not refundable.

H. Prototype. Where a design is used repeatedly at different locations, the plans attached to the first application for a construction permit may be designated as prototype or master plans either by the Construction Official or the New Jersey Department of Community Affairs. Subsequent submittals shall consist of a plot plan, including utilities, floor plan, exterior elevations and a reference to the prototype plan by application or permit number [N.J.A.C. 5:23-2.15(f)2]. The construction permit fee shall be reduced by 5%.

I. Plan review fees. Twenty percent of the amount of the construction permit fee shall be deemed to be the plan review fee.

J. DCA training fees shall be as mandated by N.J.A.C. 5:23-4.19.

K. Variation fees. The fee for an application for a variation shall be:

(1) Class I: $200; resubmittal fee: $100.

(2) Class II: $50; resubmittal fee: $25.

(3) Class III: $50; resubmittal fee: $25.

§ 205-4 Fire limits.

A. The following fire limits are established pursuant to N.J.A.C. 5:23:

	Block	Lot(s)
	9	7-A-1

B. The Construction Official shall prepare and submit to the Township Council, biannually, a report 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.

§ 205-5 Smoke detector devices and alarms.

[Added 3-27-1978 by Ord. No. 1978-3; amended 3-27-1984 by Ord. No. 1984-02]

A. Fire and smoke detector devices. Requirements for residential dwellings:

(1) Every building or structure erected or substantially altered, to be occupied for residential purposes, shall be protected with an automatic fire-warning system equipped with automatic smoke and/or products of combustion detection devices, primarily intended for the protection of life by indicating abnormal conditions as hereinafter provided.

(2) Every building or structure presently erected and occupied for residential purposes shall be protected with an automatic fire-warning system equipped with automatic smoke and/or products of combustion detection devices, primarily intended for the protection of life by indicating abnormal conditions as hereinafter provided.

(3) Placement of the aforesaid system shall be in the area or areas as suggested in the hereinafter mentioned Fire Code standards, to be under the direction of the Code Enforcement Officer in accordance with said standards. The placement of said systems in multifamily dwelling units shall be governed by the hereinafter adopted standards or the state regulations set forth in the New Jersey Administrative Code, whichever is the stricter regulation.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(4) Existing buildings or structures shall conform to the requirements set forth herein at the time of each transfer of title to a new owner. The assessment search officer shall be required to notify the parties to the transfer of this requirement at the time the assessment search is requested. The Tax Assessor shall also notify the purchaser at the time the deed is recorded in his office.

B. Conformance with certain code standards. The aforesaid systems shall conform to the requirements of the most recent editions of National Fire Code Standard No. 101, relative to life safety, and of National Fire Code Standard No. 74, relative to household fire-warning equipment, adopted by the National Fire Protection Association. Said devices shall meet with the approval of the Underwriters laboratories, Inc., or Factory Mutual Research Corporation or other approved testing agency.

C. Testing and inspection. Automatic detection devices should be tested periodically by the owner of the dwelling unit as specified by the Uniform Fire Code, as periodically revised. With respect to multifamily units, all detection devices shall be periodically inspected by the Bureau of Housing Inspection of the New Jersey Department of Community Affairs.

[Amended 12-20-1999 by Ord. No. 1999-12[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Requirements for multifamily buildings. All multifamily buildings are subject to the regulations and inspection requirements of the Bureau of Housing Inspection of the New Jersey Department of Community Affairs.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Requirements for new construction. As concerns all new construction of multifamily units, applicants for building permits shall include in their construction plans the type, number and location of detection devices. The Fire Subcode Officials shall review said plans and may recommend modifications as per standards set forth in latest revisions of the Uniform Construction Code.

[Amended 12-20-1999 by Ord. No. 1999-12]

F. Application of provisions to various structures. This chapter shall apply to all structures requiring certificates of occupancy and constructed, under construction or altered after the effective date hereof and shall apply to all structures hereafter sold, transferred or in which the proposed structural changes or repairs are in a value in excess of $1,000. The requirements for alarm systems in all buildings, whether new or existing, where a construction permit is required shall conform with the Uniform Construction Code, except for decks or sheds. The requirements for alarm systems in existing buildings being sold shall conform with the Uniform Fire Code.

[Amended 12-20-1999 by Ord. No. 1999-12]

G. Number and placement of detectors. The number and placement of detectors shall be under the direct control and enforcement of the Fire Subcode Official. Standards are set forth in the latest revisions of the Uniform Construction or the Uniform Fire Code, whichever governs.

[Amended 12-20-1999 by Ord. No. 1999-12]

H. Violations and penalties. Violation of any provisions of this chapter shall be punishable by those penalties provided under N.J.A.C. 5:70-2.12 and, where applicable, N.J.A.C. 5:70-2.12A. Penalties must be paid in full within 30 days after an order to pay. If full payment is not made within 30 days, the Township may institute a civil penalty action by a summary proceeding under the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.) in Superior Court or Municipal Court.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-6 Permit requirements.

[Added 5-31-1983 by Ord. No. 1983-10[1]]

Permits shall be required in accordance with N.J.A.C. 5:23, with the following exceptions, as provided in N.J.A.C. 5:23-2.14(b)1:

A. Ordinary maintenance, as defined in N.J.A.C. 5:23-2.7, shall not require a permit or notice to the enforcing agency.

B. Minor work, as defined by N.J.A.C. 5:23-2.17A, shall require a permit. However, work may proceed upon notice to the enforcing agency before the permit is issued.

C. Emergency work not involving lead abatement, except that a permit shall be applied for or notice given as soon thereafter as is practicable, but not later than 72 hours thereafter.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-7 Certificate of occupancy and continued certificate of occupancy; sealed survey.

[Added 12-11-2000 by Ord. No. 2000-10]

A certificate of occupancy and a certificate of continued occupancy shall not be issued unless the issuing official receives a current sealed survey or a copy of a sealed survey.