Township of Middletown, NJ Chapter 198 Construction Codes, Uniform

[HISTORY: Adopted by the Township Committee of the Township of Middletown 2-22-1977 by Ord. No. 1161 (Ch. 103 of the 1996 Township Code). Amendments noted where applicable.]

GENERAL REFERENCES

Certificate of occupancy — See Ch. 180.

Fire prevention — See Ch. 254.

Planning and development regulations — See Ch. 540.

§ 198-1 Enforcing agency established; officials; business office.

A. There is hereby established in the Township of Middletown a State Uniform Construction Code enforcing agency to be known as the "Department of Building and Inspections," consisting of a Construction Official, building subcode officials, plumbing subcode officials, electrical subcode officials, fire protection subcode official, housing subcode officials, public official, Zoning Officer, Code Enforcement Officer 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.[1]

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

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,[2] 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. Electrical subcode inspections shall be performed by an authorized on-site inspection agency until January 1, 1978; provided, however, that at any time prior to or subsequent to that date, the Construction Official, with the prior approval of the Township Committee, may employ full-time electrical subcode officials.

[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 or unavoidable circumstances.[3]

[3] Editor's Note: Original § 103-2, Construction Board of Appeals; membership; compensation, of the 1996 Township Code, which immediately followed this section, was repealed 5-19-1997 by Ord. No. 97-2469.

§ 198-2 Fees.

[Amended 9-26-1978 by Ord. No. 1242; 4-13-1983 by Ord. No. 1483; 8-4-1997 by Ord. No. 97-2479]

A. All applicable construction fees shall be as set forth in Chapter 240, Fees.

B. The fee for a permit to locate or construct an open structural tower shall be as set forth in Chapter 240, Fees. "Open structural tower" shall be defined as follows: any freestanding tower which exceeds eight feet measured from the ground up, including but not limited to television transmittal antenna and/or windmill.

§ 198-3 Report of Construction Official.

The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township of Middletown Township Committee 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.[1]

[1] Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 198-4 Surcharge fee.

A. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the Regulations,[1] the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee as set forth in Chapter 240, Fees. 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 is due. In the fiscal year in which the regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.

[Amended 8-4-1997 by Ord. No. 97-2479]

[1] Editor's Note: The regulations referred to are those established by the Commissioner of Community Affairs.

B. The enforcing agency shall report annually at the end of each fiscal year to the 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, said report shall be for the third and fourth quarters only.

§ 198-5 Fire limits.

A. Fire limits shall be established pursuant to N.J.A.C. 5:23 by ordinance prior to the date required by the Department of Community Affairs.

B. The Construction Official shall prepare and submit to the Township Committee 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.

§ 198-6 Waiver of fees for senior citizen housing.

[Added 4-10-1979 by Ord. No. 1298]

Effective immediately, all inspection fees collectible under §§ 198-2 and 198-4 of the Code of the Township of Middletown are hereby waived insofar as these provisions affect the collection of said fees for inspections made for senior citizens housing, for the housing authority and housing corporations presently existing and which may be established in the future.