Township of Hamilton, NJ Chapter 167 Construction Codes, Uniform

[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 38, Art. I, of the 1994 Code of Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Unfit or abandoned buildings — See Ch. 146.

Fire prevention — See Ch. 228.

Housing standards — See Ch. 268.

Property maintenance — See Ch. 362.

§ 167-1 Uniform Construction Code enforcing agency.

[Amended 4-7-2020 by Ord. No. 20-015]

A. Establishment; membership. There is hereby established in the Township a State Uniform Construction Code Enforcing Agency consisting of a Construction Official, a building subcode official, a plumbing subcode official, an electrical subcode official, a fire protection subcode official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs of the state shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.

B. Qualifications of enforcing officers. Each official position created in Subsection A of this section shall be filled by a person qualified for such position pursuant to N.J.A.C. 5:23 (N.J.S.A. 52:27D-119 et seq.). More than one such official position may be held by the same person, provided that such person is qualified pursuant to N.J.A.C. 5:23 to hold each such position.

C. Address. The public shall have the right to do business with the enforcing agency at the office of the Superintendent of the Division of Construction Inspections located at the Hamilton Township Municipal Building, 2090 Greenwood Avenue, Trenton, New Jersey 08609, except for emergencies and unforeseen or unavoidable circumstances.[1]

[1] Editor's Note: Former § 38-2, pertaining to the Construction Board of Appeals, which immediately followed this section, was repealed 8-22-2012 by Ord. No. 12-040.

§ 167-2 Fees.

[Amended 7-7-1993 by Ord. No. 93-033; 3-20-2002 by Ord. No. 02-009; 2-21-2006 by Ord. No. 06-011, 3-19-2008 by Ord. No. 08-012; 11-18-2008 by Ord. No. 08-071; 5-20-2009 by Ord. No. 09-018; 4-22-2010 by Ord. No. 10-013; 11-1-2011 by Ord. No. 11-038; 8-22-2012 by Ord. No. 12-040; 4-7-2020 by Ord. No. 20-015]

A. Generally. Pursuant to the legislative intent of N.J.S.A. 52:27D-119 et seq. and guidelines promulgated by the State Department of Community Affairs under the New Jersey Administrative Code, the following fee schedule is hereby adopted.

(1) Plan review for new construction and additions: 20% of the permit fee, deducted from the total cost of the permit. To determine estimated cost, the applicant shall submit cost data by the architect or engineer of record or a recognized estimating company or by the low-bid contractor. If such data is unavailable, the Division of Construction Inspections shall estimate cost using per-unit cost figures, including labor, at recognized estimating costs.

(2) Annual permit requirements are as follows:

(a) The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee 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. Managers, engineers and clerical staff shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building/fire protection, electrical and plumbing.

(b) Fees for annual permits shall be as follows:

1. One to 25 workers (including foremen): $850 per worker; each additional worker over 25: $275 per worker.

2. Prior to the issuance of the annual permit, a training registration fee of $175 per subcode and a list of not more than three individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Code Services, Training Section, along with a copy of the construction permit (Form F170). Checks shall be made payable to "Treasurer, State of New Jersey." The Department shall register these individuals and shall be responsible for notifying them of the courses being offered.

(3) New construction:

(a) All construction: $0.038 per cubic foot. State fee: $0.00371 per cubic foot, with a minimum fee of $150.

[Amended 8-20-2019 by Ord. No. 19-036]

1. For the purpose 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 20 feet, notwithstanding the fact that the actual height of the space may be greater than 20 feet.

(b) Modular homes: $0.038 per cubic foot for footings, foundations and garages, etc. State fee: $0.00371 per cubic foot.

[Amended 12-17-2019 by Ord. No. 19-061]

(c) Additions:

1. All residential use groups: Same as new construction.

2. Minimum fee: $75.

(d) Update plan review fee: $50 per hour; minimum one hour.

[Amended 12-17-2019 by Ord. No. 19-061]

(e) Three-year commercial contractor license: $250.

[Added 12-17-2019 by Ord. No. 19-061]

(4) Renovations, alterations:

(a) All use groups: $30 per $1,000 of value. State fee: $1.90 per $1,000.

[Amended 12-17-2019 by Ord. No. 19-061]

(b) Fees for combination renovations and additions shall be computed as the sum of the fees for the addition and alterations computed separately, with a minimum fee of $75.

(c) Large open volume, single-story spaces in buildings, such as barns, silos, greenhouses, warehouses, distribution centers and other agricultural and storage use occupancies: $24 per $1,000 of value.

[Added 12-17-2019 by Ord. No. 19-061]

(5) Demolition. The fee for permit of demolition of structure shall be as follows: R-3 and R-5 buildings shall be $125; all other use groups shall be $250 per structure. This fee includes all small accessory structures.

[Amended 12-17-2019 by Ord. No. 19-061]

(6) Building relocation, all use groups: Same as new construction.

(7) Signs not complying with N.J.A.C. 5:23-2.14(b)6: $2 per square foot, one side only. Minimum fee: $50.

(8) Decks: $30 per $1,000 value, based on minimum estimated construction cost of $24 per square foot. Minimum fee: $50.

(9) [1]Pools.

(a) Aboveground swimming pool for Use Groups R-3, R-4 and R-5: $75.

(b) In-ground swimming pool for Use Groups R-3, R-4 and R-5: $250.

(c) All other use groups: $375.

[1] Editor’s Note: Former Subsection A(9), Storage tanks, was repealed 12-17-2019 by Ord. No. 19-061. Said ordinance also renumbered former Subsection A(10) through (15) as Subsection A(9) through (14).

(10) Sheds larger than 200 square feet: $30 per $1,000 value. Minimum fee: $50.

[Amended 12-17-2019 by Ord. No. 19-061]

(11) Fences more than six feet in height: $30 per $1,000 value. Minimum fee: $50.

(12) Tents. For tents in excess of 16,800 square feet or more than 140 feet in any dimension: $125.

(13) Lead abatement.

(a) Permit for lead hazard abatement work: $175.

(b) Lead abatement clearance certificate: $50.

(14) Asbestos. An administrative fee of $100 for each construction permit issued for an asbestos hazard abatement project and an administrative fee of $25 for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project.

(15) Retaining walls.

[Added 12-17-2019 by Ord. No. 19-061]

(a) Having a total height of four feet or greater, that is associated with a Class 3 residential structure: $50.

(16) Variation fees.

(a) Residential (R-3, R-4): $35.

(b) All others: $250.[2]

[2] Editor's Note: Original Sec. 38-2A(17), which included a fee for the Construction Board of Appeals, which previously followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(17) Certificates of occupancy:

(a) New construction:

1. Residential: 10% of permit; minimum $150.

2. All other use groups: $225.

3. Multicommercial: $225 for building; $125 per each unit.

(b) Change of use/continued certificate of occupancy: $150.

(c) Residential existing (renovations, additions, alterations): $50.

(d) Tenant fit-out/renovation, alteration: $150.

(e) Certificate of approval: no charge.

(f) Commercial yearly certificate of compliance (pools): no charge.

(18) Temporary certificates of occupancy:

[Amended 12-17-2019 by Ord. No. 19-061]

(a) Residential (new): $30.

(b) Residential (renewal): $30.

(c) Commercial (new): $30.

(d) Commercial (renewal): $30.

(19) Plumbing fees shall be as follows:

[Amended 12-17-2019 by Ord. No. 19-061]

(a) Residential:

1. The fee shall be $30 per fixture, appliance or appurtenance connected to the plumbing system. For computation purposes the following shall be included but not limited to water closets, urinals, lavatories, sinks, tubs, showers, dishwashing machines, clothes washers, hose bibs, drinking fountains, water coolers, floor drains, air-admittance valves, stacks, pool piping, water treatment equipment, sump pumps and replacement backflow preventers.

2. The fee shall be $80 per special device. For computation purposes the following shall be included but not limited to sewage ejectors, backflow preventers (newly installed), chimney liners, booster pumps, emergency generators and fluid-based solar systems.

3. The fee shall be $50 for each sewer or water service.

4. The fee(s) for mechanical equipment and/or piping on a plumbing technical shall be the same as listed in Subsection A(19)(b) below.

5. Notwithstanding the individual fees set forth above, the minimum fee shall be $65.

6. Update plan review fee: $50 per hour; minimum one hour.

(b) Mechanical (R-3 and R-5 structures only):

1. The fee shall be $80 for each warm-air furnace, air handler, heat pump, boiler (Replacement backflow preventers shall be $30.), water heater, chimney liner, gas fireplace, emergency generator or LPG tank.

2. The fee shall be $30 for each air-conditioning unit, refrigerant line or condensate or sump pump.

3. The fee shall be $30 for gas or fuel oil piping to each appliance (inclusive of future appliances).

4. The fee for hydronic piping shall be $80.

5. The fee for ductwork shall be $80.

6. The above is not an all-inclusive list.

7. Notwithstanding the individual fees set forth above, the minimum fee shall be $65.

8. Update plan review fee: $50 per hour; minimum one hour.

(c) Commercial:

1. The fee shall be $35 per fixture, appliance or appurtenance connected to the plumbing system. For computation purposes the following shall be included but not limited to water closets, urinals, lavatories, sinks, tubs, showers, dishwashing machines, clothes washers, hose bibs, drinking fountains, water coolers, floor drains, air-admittance valves, backwater valves, shock arrestors, stacks, pool piping and water treatment equipment.

2. The fee shall be $100 per special device. For computation purposes the following shall be included but not limited to sewage ejectors, backflow preventers, booster pumps, and grease, oil or sand interceptors.

3. The fee shall be $100 per unit rate of 100 feet or fraction thereof for each sewer or water service.

4. The fee shall be $100 for each warm air furnace (inclusive of packaged RTUs), air conditioners, air handlers, heat pumps, boilers, water heaters, water tanks and LPG tanks.

5. Notwithstanding the individual fees set forth above, the minimum fee shall be $100.

6. Update plan review fee: $50 per hour; minimum one hour.

(d) The fee shall be $50 per each testable backflow for the annual cross-connection control program.

(e) Update plan review fee: $50 per hour; minimum one hour.

(20) Electrical fees.

(a) Minimum fee for all use groups: $50.

1. Update plan review fee: $50 per hour; minimum one hour.

[Amended 12-17-2019 by Ord. No. 19-061]

(b) Receptacles, fixtures or devices:

1. First block consisting of one to 25: $75.

2. Additional block consisting of up to 25: $35.

3. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light-standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower (hp) or one kilowatt (kw).

4. Existing dwellings (R-3, R-4 and R-5 only):

a. First block consisting of one to 25: $50.

b. Each additional block of 25: $15.

5. Residential services.

a. Thirty to 200 amperes: $100.

b. Two hundred one to 400 amperes: $175.

6. Commercial services.

a. Zero to 200 amperes: $100.

b. Two hundred one to 400 amperes: $200.

c. Four hundred one amperes and up: $575.

(c) Motors or electrical devices.

1. For each motor or electrical device rated from one hp or one kw to 10 hp or 10 kw: $35.

2. For each transformer or generator rated from one kw or one kva to 10 kw or 10 kva: $35.

3. For each replacement of wiring involving one branch circuit or part thereof: $15.

4. For each storable pool hydro massage bathtub; for each underwater lighting fixture: $15.

5. For installation of electric cooking equipment rated up to 16 kw: $35.

6. For each fire, security or burglar alarm control unit: $15.

7. For each receptacle rated from 30 amperes to 50 amperes: $35.

[Amended 12-17-2019 by Ord. No. 19-061]

8. For each light-standard, including luminaries:

a. Under eight feet in height: $15.

b. Greater than eight feet in height; and for each communications closet: $75.

9. For each motor or electrical device rated from greater than 10 hp or 10 kw to 50 kw: $65.

10. HVAC, residential:

a. New: $75.

b. Replacement: $50.

11. Cooking unit: $35.

12. Utility load management: $75 each device.

13. Communication devices, data, telephone, cameras, speakers, etc.:

a. One to 20 devices: $75.

b. Twenty-one to 100 devices: $150.

c. One hundred one to 200 devices: $250.

d. Each additional 100 devices: $100.

14. Communication points for multifamily:

a. Each building: $75 (micro-duct).

b. Each apartment: $75 (low-voltage wiring).

(d) Existing residential upgrades:

[Amended 12-17-2019 by Ord. No. 19-061]

1. For each transformer or generator rated from greater than 10 kw or 10 kva to 45 kw or 45 kva: $65.

2. For each electrical sign rated from greater than 20 amperes or greater, including associated disconnecting means: $100.

3. For each receptacle rated greater than 50 amperes: $65.

4. For each motor or electrical device rated from greater than 50 hp or 50 kw to 100 hp or 100 kw: $190.

5. For each service equipment, panel board, switch board, switch gear, motor-control-center or disconnecting means rated from greater than 225 amperes to 1,000 amperes: $190.

(e) Existing residential upgrades:

[Amended 12-17-2019 by Ord. No. 19-061]

1. For each transformer or generator rated from greater than 45 kw or 45 kva to 112.5 kw or 112.5 kva: $190.

2. For each motor or electrical device rated greater than 100 hp or 100 kw: $575.

3. For each transformer or generator rated greater than 112.5 kw or 112.5 kva: $575.

4. For electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain; which shall include any required bonding, and associated equipment such as filter pumps, motors, disconnecting means, switches required receptacles, and heaters, etc., excepting panel boards and underwater lighting fixtures: $100.

5. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with the requirements of Subsection A(20)(e)4, above.

6. For the installation of single- and multiple-station smoke or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling: $100 per dwelling unit.

7. For fire, burglar and security alarm systems and detectors in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with the requirements of Subsection A(20), Electrical fees, above.

a. First block of one to 20 fire, burglar, and security alarm systems and detectors: $75.

b. Each additional 25: $15.

8. For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack.

9. Individual load side panel boards shall be charged in accordance with Subsection A(20), Electrical fees, above.

10. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.

11. For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device.

12. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters, and disconnecting means.

13. For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be in accordance with the requirements of Subsection A(20), Electrical fees, above, based on the designated ampere rating of the over-current device of the service or feeder.

14. The fee charged for process equipment shall be based on the ampere rating of the over-current device protecting the conductor feeding the process equipment or the cutoff device.

15. For the purpose of computing these fees, all electrical and communications devices, utilization equipment and motors which are part of premises wiring, except those which are portable plug-in type, shall be counted.

16. Solar panels:

a. One kw to 10 kw: $125.

b. Each additional five kw: $125.

c. Each disconnect: $75.

d. Each inverter up to 50 kw: $75.

e. Over 50 kw inverter: $125.

f. Each microinverter: $10.

17. Annual pool inspections: $150.

(f) Single-family residential (R-4, R-5): $60; all others: $125.

(21) Fire protection fees. Minimum fee: $75.

(a) Fire suppression systems (sprinkler):

1. One to 20 heads: $125.

2. Twenty-one to 100 heads: $285.

3. One hundred one to 200 heads: $470.

4. Two hundred one to 400 heads: $1,150.

5. Four hundred one to 1,000 heads: $1,560.

6. One thousand one to 1,500 heads: $1,875.

7. For each additional 500 heads or portion thereof over 1,500: $500.

8. Standpipe system: $400.

9. Renovation of sprinkler system: same as installation of sprinkler system.

(b) Dry chemical system: $160 per system.

(c) Foam extinguishing system: $160 per system.

(d) Carbon dioxide system: $160 per system.

(e) Halon alternative system: $280 per system.

(f) Wood, coal or solid-fuel-burning appliances: $125.

(g) Flammable and combustible liquid tank installation:

1. R-3 and R-4: $125.

2. All others: $280 per tank.

3. Storage tanks:

[Added 12-17-2019 by Ord. No. 19-061]

a. Removal/abandonment residential R-3, R-4 and R-5: $75 per tank.

b. All other use groups: $125 per tank.

(h) Fire protection signaling system and/or automatic fire detection system and carbon monoxide detections:

[Amended 12-17-2019 by Ord. No. 19-061]

1. Single-family homes: $75.

2. All others:

a. One to 50 devices: $150.

b. Fifty-one to 100 devices: $280.

c. One hundred one to 200 devices: $470.

d. Two hundred one to 400 devices: $1,150.

e. Four hundred one to 1,000 devices: $1,650.

f. One thousand one to 1,500 devices: $1,900.

g. For every 25 devices or portion thereof over 1,500: $160.

h. Carbon monoxide detections: $150.

(i) Smoke control system: $400.

(j) Kitchen exhaust:

1. Commercial: $125.

2. Residential: $75.

(k) Sprays booths, spaces or rooms. Flat fee per room, space or booth: $325.

(l) Gas or oil fired appliance: $75 each.

1. Commercial RTUs: $150 per unit.

[Amended 12-17-2019 by Ord. No. 19-061]

(m) Wet chemical system: $160.

(n) Crematoriums: $500.

(o) Incinerators: $500.

(p) Underground water service for fire protection:

1. One foot to 500 feet of pipe: $400.

2. Each additional 100 feet of pipe: $100.

(q) Underground water storage tank for fire protection: $140.

(r) Yard hydrants: $35 each.

(s) Fire pumps:

1. Each fire pump: $440.

2. Each jockey pump: $250.

(t) Fire safety inspection for torch roof applications: $50 more than 25%.

[Amended 12-17-2019 by Ord. No. 19-061]

(u) Flammable and combustible liquid piping: $30 per $1,000 worth of work with a minimum fee of $75.

(v) Dry pipe/alarm valves: $75 each.

(w) Pre-action valves: $175 each.

(x) Fireplace venting/metal chimney: $75 each.

(y) Fire alarm panel replacement: $125 each.

(z) Hose stations or racks: $50 each; minimum fee: $75.

(aa) Minimum fire protection fee: $75.

1. Update plan review fee: $50 per hour; minimum one hour.

[Amended 12-17-2019 by Ord. No. 19-061]

(bb) Fire extinguishers:

1. One to 20: $65.

2. Twenty-one to 50: $75.

3. Fifty-one to 100: $150.

4. Every 10 extinguishers or portion thereof: $40.

(cc) Replacement of existing F.A.C.P. transmission means: $150.

[Added 12-17-2019 by Ord. No. 19-061]

(dd) Air sampling smoke detection systems: $400 per system control.

[Added 12-17-2019 by Ord. No. 19-061]

B. Report and recommendations by Construction Officials. The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Council biannually a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the Township fairly attributable to the enforcement of the State Uniform Construction Code Act.

C. Surcharge fee for new construction.

(1) Pursuant to N.J.S.A. 52:27D-119 et seq. (the State Uniform Construction Code Act) and N.J.A.C. 5:23-1 et seq. (Regulations for the New Jersey Uniform Construction Code Act), in order to provide for the training, certification and technical support programs required by the State Uniform Construction Code Act and the Regulations for the New Jersey Uniform Construction Code, the enforcing agency shall collect, in addition to the fees specified in Subsection A of this section, a surcharge of $0.0016 per cubic foot of volume of new construction.

(2) The surcharge fee shall be remitted to the State Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters 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 is due. In the fiscal year in which the regulations first become effective, the fee shall be collected and remitted for the third and fourth quarters only.

(3) The enforcing agency shall report annually at the end of each fiscal year to the State Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, the report shall be for the third and fourth quarters only. The term "fiscal year," for the purposes of this section, shall be the fiscal year as observed by the state government.[3]

[3] Editor's Note: Original § 38-3, Waiver of permit fees for construction or alterations, as amended, which immediately followed this section, was repealed 4-1-2014 by Ord. No. 14-018.

D. Upon special written request made to the Director of the Department of Community and Economic Development, a permit applicant may deposit moneys in escrow with the Township to pay for inspections conducted after hours, on weekends and/or on Township holidays. The amount deposited shall be calculated as double the entire anticipated permit fees for the project, separate and apart from the permit fees paid for inspections conducted during normal Township hours.

[Added 4-4-2023 by Ord. No. 23-012]

(1) For inspections conducted during after hours, on weekends and/or Township holidays, inspectors' time shall be billed at either time and a half or double time, depending on when the inspections are conducted. The Township reserves all rights to determine the time and dates of inspections based upon availability of its workforce. As inspections are conducted, the Director will draw down from the escrow account with notice and invoice to the applicant.

(2) If an escrow account contains insufficient funds, which shall be defined as equal to or less than 20% of the deposit, to enable completion of the remaining inspections, the Director shall provide the applicant with notice of the insufficiency of the escrow balance and applicant shall post such additional escrow deposit as shall be agreed upon by the Township and the applicant within a reasonable period of time.