Borough of Essex Fells, NJ Chapter 103 Construction Codes, Uniform

[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Numbering of buildings — See Ch. 89.

Fire prevention — See Ch. 135.

Flood damage prevention — See Ch. 141.

Grading — See Ch. 156.

Land development — See Ch. 170.

Soil removal and relocation — See Ch. 228.

Construction, renovation and demolition debris recovery plan — See Ch. 232, Art. VI.

Article I Enforcement; Fees

[Adopted 12-21-1976 by Ord. No. 429 (Ch. 15.08 of the 1992 Code)]

§ 103-1 Agency established.

A. There is established in the Borough a State Uniform Construction Code enforcing agency to be known as the "Code Enforcement Department," consisting of a Construction Official, Building Subcode Official, Plumbing 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 of this section shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217 (N.J.S.A. 52.27D-119 et seq.), 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.

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.

§ 103-2 (Reserved) [1]

[1] Editor's Note: Former § 103-2, Board of appeals established, was repealed 8-17-2010 by Ord. No. 2010-899, and again on 12-21-2010 by Ord. No. 2010-910.

§ 103-3 Fees.

[Amended 4-21-1981 by Ord. No. 81-466; 6-18-1991 by Ord. No. 91-582; 4-16-1996 by Ord. No. 96-658; 9-17-1996 by Ord. No. 96-664; 7-18-2000 by Ord. No. 2000-716; 12-5-2006 by Ord. No. 2006-816; 11-17-2009 by Ord. No. 2009-878; 8-17-2010 by Ord. No. 2010-899; 12-21-2010 by Ord. No. 2010-910; 2-18-2014 by Ord. No. 2014-946]

A. General fees.

(1) In order to provide for the training and certification and technical support programs required by the act, the enforcing agency shall collect a surcharge fee to be based upon the volume of new construction or the value of construction for other types of construction within the municipality. Said fee shall be accounted for and forwarded to the Bureau of Regulatory Affairs. This fee shall be in the amount as set forth in N.J.A.C. 5:23-4.19(b). For the purpose of calculating this fee, volume shall be computed in accordance with N.J.A.C. 5:23-2.28.

(2) The fee for plan review shall be 20% of the construction permit fee and shall be paid before the plans are reviewed. The fee shall be credited toward the fee for the construction permit, but shall not be refundable in the event a permit is not issued.

B. Building subcode fees.

(1) New construction.

(a) Per cubic foot for:

[1] R-3, R-5 and U (shed or garage): $0.040.

[2] All other use groups: $0.038.

(b) Minimum fee for new construction:

[1] R-3, R-5 and U (shed or garage): $100.

[2] All other use groups: $150.

(2) Addition.

(a) Per cubic foot for:

[1] R-3 and R-5: $0.040.

[2] All other use groups: $0.038.

(b) Minimum fee for additions:

[1] R-3 and R-5: $100.

[2] All other use groups: $150.

(3) Renovations, alterations, repairs.

(a) For use groups R-3 and R-5 only:

	First $50,000 per $1,000.	$35
	Next $50,000 per $1,000.	$28
	Balance per $1,000	$21

(b) For all other use groups, per $1,000: $38.

(c) Minimum Fee for R-3 and R-5: $75.

(d) Minimum Fee for all other use groups: $100.

(4) Combined renovations and additions: to be computed separately.

(5) Temporary structure permit: tents, construction trailers, air-supported structures, etc.: $100.

(6) Minor work. As defined in N.J.A.C. 5:23-2.17A(c)1, 2, 3, 4, 5 and 6, fees for minor construction work shall be computed in accordance with N.J.A.C. 5:23-4.18(c)1vii.

(7) Tank removal/installation.

(a) Residential: $75.

(b) Commercial: $150.

(8) Swimming pools.

(a) In-ground pool: to be computed as per Subsection B(3)(a) above.

(b) Semi-inground pool: to be calculated as an in-ground pool.

(c) Aboveground pool: $100.

(9) Retaining walls.

(a) Class 3 Residential.

[1] 550 square feet or less: $100.

[2] Greater than 550 square feet: $200.

(b) All other classes: calculated on Subsection B(3)(b).

C. Demolition fees.

(1) For use groups R-3 and R-5, under 5,000 square feet or 30 feet in height: $150.

(2) One- or two-car garage (residential): $100.

(3) Three-car or more garage (residential): $125.

(4) All other use groups (per structure).

(a) Under 10,000 square feet (all floors): $500.

(b) Over 10,000 square feet shall be calculated as per Subsection B(3).

D. Electrical subcode fees.

(1) Receptacles, fixtures, switches, etc.

(a) First 50: $50.

(b) Each additional 25: $15.

(2) Motors and electrical devices. (including control equipment, generators, transformers and all heating, cooking, or other devices consuming or generating electric current).

(a) 1 HP or KW up to 10 HP or KW: $20.

(b) 11 HP or KW up to 50 HP or KW: $80.

(c) 51 HP or KW up to 100 HP or KW: $120.

(d) 100 HP or KW up to 500 HP or KW: $575.

(e) 501 HP or KW up to 1,000 HP or KW: $575.

(f) Over 1,000 HP or KW: $600.

(3) Transformers and generators (including primary transformers, vaults, enclosures, substations [each bank of transformers], generators, etc.).

(a) 1 KW up to 10 KW: $30.

(b) 11 KW up to 45 KW: $120.

(c) 46 KW up to 112.5 KW: $200.

(d) Over 112.5 KW: $475.

(4) Photovoltaic systems. (fees shall be based on the designated kilowatt rating of the solar photovoltaic system as follows).

(a) 1 KW up to 50 KW: $60.

(b) 51 KW up to 100 KW: $120.

(c) Over 100 KW: $550.

(5) Service panels, entrances and subpanels.

(a) Up to 200 amps: $65.

(b) 225 amps to 400 amps: $100.

(c) 425 amps to 600 amps: $150.

(d) Larger than 625 amps: $500.

(e) Temporary electrical service: $100.

(6) Smoke detectors/fire alarms.

(a) First 20 devices: $50.

(b) Each additional 25 devices: $25.

(7) Swimming pools. Pursuant to N.J.A.C. 5:23-4.20(c)2iii(6), the fee for an aboveground pool or in-ground pool 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.

(a) Aboveground pools: $75.

(b) In-ground pools: $100.

(c) Bonding and grounding (five-year cert): $75.

(d) Hydromassage tubs and spas: $50.

(8) Minimum fee.

(a) R-3 and R-5 only: $75.

(b) All other use groups: $100.

E. Plumbing subcode fees.

[Amended 11-5-2019 by Ord. No. 2019-1027]

(1) Each fixture connected to the plumbing system, except those listed in Subsection E(2) below: $15.

(2) Each of the following special devices: grease traps; oil separators; interceptors; refrigeration units; backflow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers); steam boilers; hot-water boilers; gas piping/service connection; active solar systems; sewer pumps; fuel oil piping; vent stacks: $65 per special device.

(3) Connections, water service or sewer connection: $75.

(4) Minimum fees:

(a) R-3 and R-5 only: $75.

(b) All other use groups: $100.

F. Fire subcode fees.

(1) Oil, gas and propane tanks and pumps.

(a) Tank fill: $50.

(b) R-3 and R-5 installation (per tank): $75.

(c) R-3 and R-5 removals (per tank): $150.

(d) All other use groups: $250.

(2) Gas-, oil- or wood-fire appliance, including furnaces, boilers or fireplaces (per unit): $85.

(3) Smoke detectors, CO detectors, fire alarm systems.

(a) First 20 devices: $65.

(b) Each additional 25 devices: $75.

(4) Sprinkler systems, wet or dry heads.

(a) 1 to 20 heads: $85.

(b) 21 to 100 heads: $150.

(c) 101 to 200 heads: $290.

(d) 201 to 400 heads: $750.

(e) 401 to 1,000 heads: $1,040.

(f) Over 1,000 heads: $1,325.

(5) Each preengineered system: $150.

(6) Each standpipe with riser: $250.

(7) Commercial kitchen exhaust system: $150.

(8) Smoke control systems: $150.

(9) Minimum fee.

(a) R-3 and R-5 only: $75.

(b) All other use groups: $100.

G. Certificate fees.

(1) Certificate of occupancy.

(a) For new construction and additions, 10% of the construction permit fee with a minimum fee of $100.

(b) Minimum fee for all use groups other than R-3 and R-5: $150.

(2) Temporary certificate of occupancy.

(a) Initial temporary certificate: $100.

(b) Renewal of temporary of certificate: $50.

(3) Change of use: $150.

H. Other permit fees.

(1) Fences greater than six feet in height and associated with an in-ground pool.

(a) One- and two-family: $100.

(b) Others: $200.

(2) Asbestos abatement permit.

(a) Pursuant to N.J.A.C. 5:23-8.9(a)1 and 2: $106.

(b) Certificate of clearance: $21.

(3) Lead abatement permit.

(a) Pursuant to N.J.A.C. 5:23-4.20(c)3ix: $176.

(b) Certificate of clearance: $35.

(4) Move/relocate a structure permit. The fee for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $25 per thousand of the sum of the estimated costs for moving, for new foundations and for placement in a completed condition in the new location, provided that the minimum fee shall be $100.

(5) Smoke detector certification.

(a) Two weeks prior to the closing date: $80.

(b) One week prior to the closing date: $100.

(c) Less than one week prior to the closing date: $150.

I. Variation fee.

(1) Class I structure: $700; resubmission: $250.

(2) Class II structure: $150; resubmission: $75.

(3) Class III structure: $150; resubmission: $75.

J. Special inspection fees.

(1) Mandated period inspections: high-pressure boilers, refrigerator systems, pressure vessel, cross-connections, and backflow preventers: $50.

(2) Any other requested inspections, such as real estate transactions: $20.

(3) Hazardous uses and places of assembly requiring inspection every three months: $20.

(4) Cross connections and backflow preventers requiring inspection every three months: $20.

(5) Sprinklers requiring inspections every 12 months.

(a) System up to 100 heads: $100.

(b) Each additional 150 heads: $10.

(6) Special service and/or conditions not provided for in this schedule.

(a) Minimum fee, per hour: $30.

(b) Minimum charge two hours.

K. Any fees not included in this fee schedule shall be priced in accordance with N.J.A.C. 5:23-4.20.

L. Mechanical subcode fees. The Mechanical Inspector, or in the absence of a Mechanical Inspector, the Plumbing Subcode Official, shall have the responsibility for the enforcement of provisions of the code, except electrical, for the installation and replacement of heating or cooling equipment or water heaters or other mechanical equipment such as refrigeration, air-conditioning or ventilating apparatus, gas piping or heating systems, or standby power generators, in existing buildings of use R-3 or R-5.

[Added 6-20-2023 by Ord. No. 2023-1079]

(1) The fee for a mechanical inspection shall be $65 for the first device and $25 for each additional device. No separate fee shall be charged for gas, fuel oil, or water piping connections associated with the mechanical equipment inspected.

(2) Minimum fee for R-3 and R-5: $75.

Article II As-Built Surveys and Certifications

[Adopted 4-20-2010 by Ord. No. 2010-883]

§ 103-4 As-built survey required; exceptions.

A. As required by N.J.A.C. 5:23-2.18(b)ii(1), the property owner or his or her contractor shall cause to be submitted to the Construction Official and/or Zoning Officer a foundation location survey prepared by a New Jersey licensed professional land surveyor.

B. The following are exceptions to this requirement: additions; decks; swimming pools; or sheds as described in N.J.A.C. 5:23-9.9[1] or similar structures.

[1] Editor's Note: N.J.A.C. 5:23-9.9 is reserved.

§ 103-5 Certification required.

A. Upon completion of any new, renovated, or altered structure foundation, a survey showing the following information shall be supplied to the Construction Official or Zoning Officer: the exact location of all foundation corners, setbacks, foundation elevations and a certification letter by the licensed professionals conforming to all zoning requirements for that district; any approvals granted by the Zoning Board of Adjustment or Planning Board. No inspections will be made through the Construction Department until this survey and certifications have been submitted and approved.

B. Upon completion of roof framing and sheathing, a certification letter by a licensed engineer or architect that the height of the structure located on the property and its setbacks conform to the zoning requirements for that zone where the property is located and any prior approvals granted by the Zoning Board of Adjustment or Planning Board. The Construction Official shall not make any framing inspections until that certification letter has been submitted and approved.

C. Before a final certificate of occupancy or temporary certificate of occupancy is issued, a written certification letter required by Chapter 156, § 156-8, of the Borough Municipal Code, by a licensed engineer or licensed land surveyor that certifies all grades have been completed in accordance with the approved grading plan, a survey showing all impervious surfaces and their dimensions to verify the impervious coverage, setbacks, curb cuts and the property conforms with all zoning requirements for the district and all prior Zoning Board of Adjustment or Planning Board approvals have been met. No certificate of occupancy or temporary certificate of occupancy will be issued until the required documents have been submitted and approved.

§ 103-6 As-built document.

All changes to the original grading plan, survey or zoning application will require as-built documents being submitted for approval. No certificate of occupancy or temporary certificate of occupancy will be issued until the required documents have been submitted and approved.