For regulations regarding rodent control on sites with demolition,
construction or excavations, see Chapter 273. See Chapter 312 for
swimming pool regulations.
[1997 Code § 160-1]
A.
There is hereby established in the City of Absecon City 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.
B.
Each official position created in Subsection A shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., 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.
C.
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.
[1997 Code § 160-2; Ord. No. 30-97; Ord. No. 14-98; Ord. No. 07-2002; New]
A.
Certificate required.
(1)
No person, company, partnership, firm or corporation shall occupy,
prepare for occupancy or otherwise intend to occupy property in the
City of Absecon City until a certificate of continuing occupancy (CCO)
has been issued certifying and stating that said property is in compliance
with the 1990 Edition of the BOCA Property Maintenance Code.
(2)
No building or structure in the City of Absecon City in which there
is a change in owner, tenant or occupant shall be occupied until a
certificate of continuing occupancy (CCO) has been obtained.
(3)
No building or structure in the City of Absecon City which has been
vacated shall be reoccupied until a certificate of continuing occupancy
(CCO) has been obtained.
(4)
The provisions of this section shall not be applicable to individual
guest rooms or suites or residential hotels or motels, as identified
in the BOCA National Building Code for Residential Use Group R-1.
B.
Enforcement. The responsibility for the enforcement of this section
shall be with the Construction Official and the designated members
of the Building Department.
C.
Application.
(1)
An application for a certificate of continuing occupancy shall be
applied for from the Construction Official, on forms provided by the
Construction Official.
(2)
An application for the certificate of continuing occupancy shall
be obtained for each separate residential unit or commercial tenant
space upon each change in owner, tenant or occupant.
(3)
An application fee for a certificate of continuing occupancy, made
payable to the City of Absecon City, shall be in the amount of $35
for each single-family residence and $60 for a commercial structure.
The fee for hotels and motels shall be $50 plus an additional $10
per unit (not to exceed $250. The application fee shall be payable
at the time of application and prior to the initial inspection.
(a)
The application fee for a certificate of continued occupancy
shall be as established in this chapter, the cost of which shall include
one inspection and, if necessary, one reinspection.
(b)
Additional reinspections. Beginning with the third and continuing
for each subsequent inspection, the applicant will be responsible
for an additional fee, made payable to the City of Absecon City, in
the amount of $25. This fee shall be payable prior to the issuance
of the certificate of continuing occupancy.
(c)
The purpose of the application fee is to provide for the cost
of performing the inspection and related costs incurred by the Building
Department.
D.
Penalties. Any person who violates any provision of this section
shall, upon conviction in the Municipal Court of the City of Absecon
City, for each offense, be subject to a fine not to exceed $1,000
and/or 30 days in jail. Each day that any provision of this section
remains unabated shall be deemed a separate offense.
E.
Mercantile license. When a certificate is required by this section,
no mercantile license shall be issued until the certificate of continuing
occupancy is obtained.
F.
Relationship to property maintenance code. No certificate required by this section shall be issued until after an inspection has been conducted pursuant to the provisions of the Property Maintenance code, as adopted by Chapter 266, Property Maintenance.
G.
Date of effect. This section shall take effect on December 1, 1990,
after passage, approval and publication according to law.
[1997 Code § 160-3]
The City of Absecon City does hereby appoint the Atlantic County
Construction Board of Appeals to hear appeals from decisions by its
enforcing agency.
[1997 Code § 160-4; Ord. No. 22-97; Ord. No. 06-99; Ord. No. 09-99; Ord. No. 21-99; Ord. No. 07-02]
The basic construction fee shall be the sum of the parts computed
on the basis of the volume or cost of construction, the number of
plumbing fixtures and pieces of equipment, the number of electrical
fixtures and devices and the number of sprinklers; standpipes, detectors
(smoke and heat) and fire protection devices at the unit rates provided
herein plus any special fees. The minimum fee for a basic construction
permit covering all subcodes, except for elevator, shall be $45, all
fees shall be rounded to the nearest dollar amount.
A.
Building volume or cost. The fees for new construction or alterations
are as follows:
(1)
Fees for new construction shall be based upon the volume of the structure.
Volume shall be computed in accordance upon the N.J.A.C. 5:23-2.28.
The new construction fee shall be in the amount of $0.024 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 $0.024 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 $0.015 per cubic foot for open volume
buildings over 100,000 cubic feet that are used exclusively for storage
or as warehouses.
(2)
Fees for renovation, alterations and repairs shall be based upon
the estimate cost of the work. The fee shall be in the amount of $20
per $1,000 up to $50,000. From $50,001 to and including $100,000,
the additional fee shall be in the amount of $15 per $1,000 of estimated
cost above $50,000. Above $100,000 the additional fee shall be in
the amount of $12 per $1,000 of estimated cost above $100,000. For
the purpose of determining estimated cost, the applicant shall submit
to the Department such cost data as may be available produced by the
architect or engineer of record, or by a recognized estimating firm,
or by the contractor. The Agency shall make the final decision regarding
estimated cost.
(a)
The fee for pre-manufactured construction, all external connections
and site work shall be based on estimated cost of construction at
a rate of $40 per $1,000 of construction cost.
(3)
Fees for additions shall be computed on the same basis as for new
construction for the added portion.
B.
Plumbing fixtures and equipment.
(1)
All fixtures and appliances/equipment: $9 each. This fee includes
gas/oil, piping and nontestable back flow.
C.
Electrical fixtures and devices.
(1)
Devices with horsepower between one horsepower and 10 horsepower,
and between one kilowatt and 10 kilowatts: $9 each.
(2)
Devices with horsepower in excess of 10 horsepower but less than
or equal to 50 horsepower, and between 10 kilowatts and 50 kilowatts:
$45 each.
(3)
Devices with horsepower in excess of 50 horsepower but less than
or equal to 105 horsepower and greater than 50 kilowatts but less
than or equal to 105 kilowatts: $90 each.
(4)
Devices over 105 horsepower and over 105 kilowatts: $300 each.
(6)
Fixtures and devices:
(a)
From one to 50 receptacles or fixtures, the fee shall be in
the amount of $30; for each 25 receptacles or fixtures in addition
to this, the fee shall be in the amount of $5; for the purpose of
computing this fee, receptacles or fixtures shall include lighting
outlets, wall switches, fluorescent fixtures, convenience receptacle,
smoke and heat detectors, or similar fixtures, and motors or devices
of less than or equal to one horsepower or one kilowatt.
D.
Fire protection and other hazardous equipment. Sprinklers, stand-pipes,
detectors (smoke and heat) pre-engineered suppression systems, gas
and oil fired appliances, kitchen exhaust systems, incinerators, crematorium,
fire pumps and fire protection devices:
(1)
The fee for 20 or fewer heads or detectors shall be $53; for 21 and
including 100 heads or detectors, the fee shall be $98; for 101 to
and including 200 heads or detectors, the fee shall be $187; for 201
to and including 400 heads or detectors, the fee shall be $486; for
401 and including 1,000 heads or detectors, the fee shall be $673;
for over 1,000 heads and detectors, the fee shall be $860. In computing
fees for heads, detectors and fire protection devices the number of
each shall be counted separately and three fees, one for heads, one
for detectors and one for fire protection devices shall be charged.
(2)
The fee for each standpipe shall be $163.
(3)
The fee for each independent pre-engineered system shall be $65.
(4)
The fee for each gas or oil fired appliance, shall be $45.
(5)
The fee for each kitchen exhaust system will be $45.
(6)
The fee for each incinerator and crematorium shall be $260.
(7)
The fee for each fire pump shall be $150.
E.
The fees for elevator device inspections and tests shall be as set
forth in N.J.A.C. 5:23-12, et al.
F.
Certificates and other permits. The fees are as follows:
(1)
The fee for demolition or removal permit shall be $75 for a structure
of less than 5,000 square feet in area and less than 30 feet in height,
for one or two-family residences (use group R-3 of the building subcode),
and $150 for all other use groups. The fee for tank removal shall
be $75. The fee for tank removal/abandon in place shall be $100.
(2)
The fee for a permit to construct a sign shall be in the amount of
$0.90 per square foot surface area of the sign, computed on one side
only for double-faced signs: The minimum fee shall be $45.
(3)
For a certificate of occupancy, the minimum fee shall be $100 except
for one or two-family (use group R-3 of the building subcode) structures
of less than 5,000 square feet in area and less than 30 feet in height,
the fee shall be $50.
(4)
The fee for a certificate of occupancy granted pursuant to change
of use group shall be $120.
(5)
The fee for a certificate of continued occupancy shall be $111.
(6)
The fee for the first issuance and the renewal of a temporary certificate
of occupancy shall be $25.
(7)
There shall be no fee for a certificate of approval or certificate
of compliance certifying the work done under a construction permit
has been satisfactorily completed.
(a)
Electric certificate of compliance shall be a flat fee of $50.
(8)
The fee for an application for a variation in accordance with N.J.A.C.
5:23-2.10 shall be $423 for Class I structures and $85 for Class II
and Class III structures. The fee for resubmission of an application
for a variation shall be $163 for Class I structures and $46 for Class
II and Class III structures.
G.
Periodic inspections. Fees for the periodic Departmental 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: For cross connections and backflow preventers that are
subject to testing, requiring reinspection every three months, the
fee shall be $43 for each device when they are tested (thrice annually)
and $111 for each device when they are broken down and tested (once
annually).
H.
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 $0.0019 per cubic foot
of volume of new construction. In addition, a training fee of $0.0009
per dollar of cost of an alteration rounded off to the nearest dollar
shall be collected. Said fees shall be remitted to the Bureau of Regulatory
Affairs, N.J. Department of Community Affairs on a quarterly basis.
[1997 Code § 160-5]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the City of Absecon City, 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, N.J.S.A.
52:27D-119 et seq.
[1997 Code § 160-6]
This chapter and the Construction Code Enforcing Agency created
hereunder shall be subject to such rules and regulations as may, from
time to time, be lawfully promulgated by the appropriate agencies
of the State of New Jersey.
