[HISTORY: Adopted by the City Council of the City of Port Republic 10-3-1977 by Ord. No. 09-1977 (Ch. 29 of the 1982 Code). Amendments noted where applicable.]
There is hereby established in the City of Port Republic a State Uniform Construction Code enforcing agency to be known as the "Construction Code Enforcing 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.
Each official position created in § 102-1 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 such position.
The public shall have the right to do business with the enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.
[Amended 3-12-1985 by Ord. No. 47-1985; 12-8-2015 by Ord. No. 10-2015]
The fee for a construction permit shall be the sum of the subcode fees listed in Subsections A through D and shall be paid before the permit is issued.
The building subcode fees shall be:
Renovations/Alterations shall be $20 per $1,000 of estimated cost of work or a minimum of $150 (whichever is greater). The applicant must submit to the Department such cost data produced by the architect or engineer of record, or a licensed contractor's bid if available.
Combinations of renovations and additions shall have separately computed fees: $0.0360 per cubic foot and $20 per $1,000 (or a minimum of $150, whichever is greater).
Repairs and minor work (patios, decks, roofing, siding) shall be $20 per $1,000 of estimated cost of work, provided that the minimum fee shall be $60.
Installation of underground or aboveground tanks: residential, $60 each; commercial, $150 per tank.
Towers: (small) $50 each; (large) $500 each.
Antennas: $50 per small building; $100 per large building.
Minor asbestos abatement projects: $60 per building.
Lead hazard abatement: $60 per building.
Pilings, foundations (including those for modular homes), bulkheads, etc. shall be $25 per $1,000 of estimated cost of work, provided that the minimum fee shall be $130.
One- and two-family residences less than 5,000 square feet and less than 30 feet in height: $130.
Accessory structures (garages, sheds, pools, pool houses, etc.): $50.
All other use groups: $130.
Removal of one building from one lot to another lot or location on same lot: $20 per $1,000 of cost of work, provided that the minimum fee shall be $52.
Temporary structures: $250.
Tents in excess of 900 square feet or more than 30 feet in dimension: $110.
Reinstatement of a lapsed permit(s): 65% of the total sum of the original permit.
The minimum fee shall be $60. The applicant shall submit to the Department cost data by an architect or engineer of record, a recognized estimating firm or by a contract bid. If such data is not available, the applicant shall submit an estimate of the materials and labor to complete the construction. The Department will review the construction cost and shall make the final decision as to the actual cost based on that of a similar construction, unless otherwise specified or provided for herein.
Elevators; private on-site agency. The fees for elevators, dumbwaiters, escalators, manlifts, moving walkways, chair lifts, automotive lifts, construction hoists and tests shall be as required by the State of New Jersey and as set forth by the Department of Community Affairs in N.J.A.C. 5:23-4.20. The fee shall be established by the third-party inspection agency.
The fire subcode (fire protection and hazardous equipment) fee shall be:
Gas- and oil-fired appliances not connected to the plumbing system: $60.
Wood-burning stoves, fireplaces, space heaters, pre-manufactured fireplaces, metal chimney installations or inserts, gas piping to applications, etc.: $60.
Independent pre-engineered system: $60.
Kitchen exhaust systems: $60.
Standpipes, total number of standpipes: $60 per standpipe.
In order to provide for the training, certificate and technical support programs required by the Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of $0.00371 per cubic foot of volume of new construction and a surcharge fee of $1.90 per $1,000 for alterations, repairs, minor work, renovations, etc. The minimum permit surcharge fee shall be $1. Said surcharge fee shall be remitted to the Department of Community Affairs on the dates as set forth in the Uniform Construction Code.
The enforcing agency shall and is permitted by the Uniform Construction Code to collect a surcharge of 15% on any permits that would involve an off-site or third-party inspection agency. The enforcing agency shall report annually the total surcharge fee collected.
All fees and charges will be rounded off to the nearest dollar as permitted by the Uniform Construction Code. For example: $1.01 shall be rounded off to equal $1 and $1.51 shall be rounded off to equal $2.
Waiving of construction permit and enforcing agency fees for work done to promote accessibility by disabled persons. In accordance with N.J.S.A. 52:27D-126e, 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 public or private structure or any of the facilities therein. Additionally, a disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his own living unit.
[Amended 3-12-1985 by Ord. No. 47-1985; 8-8-1989 by Ord. No. 108-1989; 2-13-1990 by Ord. No. 01-1990]
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, in addition to the fees specified above, a surcharge fee of $0.0014 per cubic foot of volume of new construction. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it was due. In the fiscal year in which the regulations first became effective, said fee shall be collected and remitted for the third and fourth quarters only. The enforcing agency shall report annually at the end of the fiscal year to the Bureau of Housing, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the year the regulations became effective, said report shall be for the third and fourth quarters only.
Editor's Note: The "regulations" refers to the regulations promulgated by the Department of Community Affairs of the State of New Jersey pursuant to the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.). The regulations may be found in N.J.A.C. 5:23.
A Board of Appeals established by the County of Atlantic to hear appeals from the decisions of the enforcing agency is hereby authorized to hear said appeals.
[Amended 8-8-1989 by Ord. No. 108-1989; 2-13-1990 by Ord. No. 01-1990]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor or governing body 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 Act.
This chapter and the Construction Code Enforcing Agency and the Construction Board of Appeals created by the County of Atlantic shall be subject to such rules and regulations as may from time to time be lawfully promulgated by appropriate agencies of the State of New Jersey.
[Added 5-9-1989 by Ord. No. 103-1989]
A certificate of continued occupancy shall be required for the occupancy of any existing building or structure upon a change of ownership or upon a change to a new tenant. Upon request of the owner, the Construction Official, with the approval of the subcode officials, shall issue a certificate of continued occupancy, provided that there are not violations of law or orders of the Construction Official pending and it is established after inspection and investigation of available municipal records that the alleged use of the building or structure has lawfully existed. The certificate of continued occupancy shall evidence only that a general inspection of the visible parts of the building has been made and that no violations of N.J.A.C. 5:23-2.14 have been determined to have occurred and no unsafe conditions violative of N.J.A.C. 5:23-2.32(a) have been found. The fee for a certificate of continued occupancy shall be established at $25.
[Added 10-13-2015 by Ord. No. 08-2015]
The City's Construction Code Official shall have the discretion to grant a temporary certificate of continued occupancy. The temporary certificate of continued occupancy shall be valid for a period of 180 days from the date of issuance. Within that period of time, the owner/permittee must complete all improvements necessary for the issuance of a certificate of continued occupancy as set forth in § 102-9. The City's Construction Code Official shall have the discretion to grant an extension of this period upon good cause having been shown.
Fines. A penalty shall be assessed against the owner/permittee in the amount of $50 per day for every day past the one-hundred-eighty-day period in which the improvements must be constructed.