Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Town (now Township) of Irvington 2-22-1977 by Ord. No. MC 2485 (Ch. 82 of the 1981 Revised Code). Amendments noted where applicable.]
GENERAL REFERENCES
Moving or demolition of buildings — See Ch. 200.
Fences — See Ch. 294.
Fire prevention — See Ch. 307.
Housing standards — See Ch. 355.
Pest control — See Ch. 449.
Property maintenance — See Ch. 460.
Subdivision and site plan review — See Ch. 560.
Sunday construction — See Ch. 566.
Swimming pools — See Ch. 571.
Zoning — See Ch. 650.
A. 
There is hereby established in the Town of Irvington a State Uniform Construction Code Enforcing Agency to be known as "Irvington Construction Code 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 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[1] 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.
[1]
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.
A. 
Appeals shall be made to the Essex County Construction Board of Appeals from decisions by the enforcing agency established by this chapter or because of the refusal of the enforcing agency to grant an application or because of the refusal to act upon an application for a construction permit by the enforcing agency or when the enforcing agency makes any other decision pursuant to or related to the State Uniform Construction Code Act[1] or the enforcement of said code or the enforcement of this chapter.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B. 
Appeals to the Essex County Construction Board of Appeals shall be in writing, and a copy of the appeal, together with all of the documents, shall be served upon the Town's enforcing agency simultaneously with the service of the appeal to the Essex County Construction Board of Appeals.
C. 
The procedure for filing the appeal is set forth in N.J.S.A. 52:27D-127b.
[Amended 1-13-1981 by Ord. No. MC 2622; 4-22-1986 by Ord. No. MC 2810; 8-11-1987 by Ord. No. MC 2834; 10-11-1989 by Ord. No. MC 2890; 5-19-1992 by Ord. No. MC 2947; 12-12-1995 by Ord. No. MC 3027; 6-15-1999 by Ord. No. MC 3119; 9-28-2004 by Ord. No. MC 3273; 9-27-2005 by Ord. No. MC 3301; 4-5-2016 by Ord. No. MC 3564]
The fee schedule for issuance of permits (Construction Department) shall be as follows:
A. 
Plan review fee. The fee for plan review shall be 25% of the amount to be charged for all permits being issued. This fee is nonrefundable.
B. 
The basic construction permit fee shall be the sum of the 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, the number of sprinklers, standpipes and detectors (smoke and heat), at the unit rates provided herein, plus any special fees. The minimum permit fee for a basic construction permit covering any or all of the building, plumbing, electric and/or fire protection work shall be $75.
C. 
Building volume or cost. The permit fees for new construction or alteration are as follows:
(1) 
Permit fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.0395 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. The minimum fee for new construction shall be $300.
(2) 
Permit fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. The fee shall be in the amount of $30 per $1,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $24 per $1,000 of the estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $18 per $1,000 of the estimated cost above $100,000. For the purpose of determining estimated cost, the applicant shall submit to the Construction Official 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. A bona fide contractor's bid, if available, shall be submitted. The Construction Official shall make the final decision regarding estimated cost. Permit fees for additions shall be computed on the same basis as for new construction for the added portion, except that the minimum fee for an addition shall be $100.
(3) 
Tank abandonment. In-ground abandonment of any tank: $300.
(4) 
Tank removal: $200.
(5) 
Permit fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection C(1) and (2) above.
(6) 
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 within the Township. Said fee shall be accounted for and forwarded to the Department of Community Affairs. This fee shall be 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.
D. 
Plumbing fixtures and equipment.
(1) 
For the purpose of computing permit fees:
(a) 
"Plumbing fixtures" shall include, but not be limited to, stacks, lavatories, kitchen sinks, slop sinks, sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, washing machine connections and similar fixtures.
(b) 
"Plumbing appurtenances" shall include, but not be limited to, devices, a manufactured device or an on-the-job assembly of component parts, which adjunct to the basic piping system and plumbing fixtures, pressure-reducing valves, backflow prevention devices, backwater valves, vacuum breakers, grease traps, interceptors and similar devices.
(c) 
"Plumbing appliances" shall include, but not be limited to, hot water heaters, tankless heaters, heat exchangers, water storage talks, solar panels, water pressure booster systems, sump pumps, dishwashers, ice makers, instant hot water coils, sewerage ejectors, garbage disposal units, sterilizers and aspirators.
(2) 
The permit fee for the installation or replacement of a plumbing fixture shall be $20 for each plumbing fixture. The permit fee for hot water boilers, water-cooled air-conditioning units and steam boilers shall be $75.
(3) 
The permit fee for the installation or replacement of a plumbing appurtenance and/or special device shall be $75 per plumbing appurtenance and/or special device. Exception: The fee for backflow preventers that do not require ongoing inspection shall be $25.
(4) 
The permit fee for the installation or replacement of a plumbing appliance shall be $75.
(5) 
The permit fee for the installation of a house or building sewer and/or water service pipe is $75.
(6) 
The permit fee for the installation of a lawn sprinkler system shall be $10 for each sprinkler head.
(7) 
The permit fee for the installation or replacement of subsoil drains shall be $75.
(8) 
The permit fee for gas piping is $75.
(9) 
The permit fee for the installation or replacement of oil lines and/or oil tank piping shall be $75.
(10) 
The permit fee for fuel connection shall be $20.
(11) 
Gasoline pump installation is $75.
(12) 
The minimum fee for any permit issued for the plumbing subcode shall be $75.
E. 
Electrical fixtures and devices. The permit fees shall be as follows:
(1) 
From one to 50 receptacles or fixtures, the fee shall be in the amount of $75. For each 25 receptacles or fixtures in addition to this, the fee shall be in the amount of $20. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of less than one horsepower or one kilowatt.
(2) 
For each motor or electric device greater than one horsepower and less than or equal to 10 horsepower and for transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts, the fee shall be $20.
(3) 
For each motor or electrical device greater than 10 horsepower and less than or equal to 50 horsepower, for each service panel, service entrance or subpanel less than or equal to 200 amperes and for all transformers and generators greater than 10 kilowatts and less than or equal to 45 kilowatts, the fee shall be $75.
(4) 
For each motor or electrical device greater than 50 horsepower and less than or equal to 100 horsepower, for each service panel, service entrance or subpanel greater than 200 amperes and less than or equal to 1,000 amperes and for transformers and generators greater than 45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall be $125.
(5) 
For each motor or electrical device greater than 100 horsepower, for each service panel, service entrance or subpanel greater than 1,000 amperes, and for each transformer or generator greater than 112.5 kilowatts, the fee shall be $550.
(6) 
For the purpose of computing these permit fees, "motors" includes all motors except those in plug-in heating, cooking or other devices consuming or generating electrical current.
(7) 
The minimum fee for any permit issued for the electrical subcode shall be $75.
(8) 
For in-ground swimming pools and spas bonding, one receptacle, one motor, the fee shall be $125. Hydro massage tubs, etc.: $50.
(9) 
The minimum fee for any electric permit issued shall be $75.
F. 
Fire protection and other hazardous equipment. Sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums.
(1) 
The fee for 20 or fewer heads or detectors shall be $75. For 21 to and including 100 heads or detectors, the fee shall be $150. For 101 to and including 200 heads or detectors, the fee shall be $250. For 201 to and including 400 heads or detectors, the fee shall be $625. For 401 to and including 1,000 heads or detectors, the fee shall be $975. In computing fees, each sprinkler head and each detector shall be each counted as one.
(2) 
The fee for each standpipe shall be $350.
(3) 
The fee for each pre-engineered system shall be $150.
(4) 
The fee for each gas or oil-fired appliance not connected to the plumbing system shall be $75.
(5) 
The fee for each kitchen exhaust system (commercial) shall be $100.
(6) 
The fee for each incinerator shall be $600.
(7) 
The fee for each crematorium shall be $600.
(8) 
For each vapor recovery system, the fee shall be $150.
(9) 
For each fire pump, the fee shall be $75.
(10) 
The minimum fee for any fire permit issue shall be $75.
G. 
Elevator registration and inspection fees.
(1) 
Upon application for registration of an existing elevator, the owner shall be responsible for all fees due the third-party inspection agency; the owner shall also be responsible for the Township administration fee of $50.
(2) 
For the installation of a new elevator: as required by agreement with the third-party inspection agency, plus a Township administration fee of 15%.
H. 
Certificates and other permits. The fees are as follows:
(1) 
For one- or two-family residence (Use Group R-4 of the Building Subcode) the fee shall be $300.
(2) 
For three-family residence and above, the fee shall be $400.
(3) 
For individual garages, the fee shall be $100.
(4) 
The fee for a permit to construct a sign shall be in the amount of $2 per square foot surface area of the sign, computed on one side only for double-faced signs; the minimum fee shall be $100.
(5) 
Commercial properties.
(a) 
The fee shall be computed as follows:
1 to 1,000 square feet
$100
1,001 to 2,000 square feet
$150
2,001 to 3,000 square feet
$175
3,001 to 4,000 square feet
$200
4,001 to 5,000 square feet
$225
(b) 
The following formula will be used to determine the inspection fee for any structures over 5,000 square feet:
Sample: 23,000 square feet
Fee: 4 x 5,000 square feet
=
$900
1 x 3,000 square feet
=
$175
Total
=
$1,075
(6) 
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $400. The fee for a certificate of continued occupancy shall be $300. (Four inspectors required going out for this kind of inspection.)
(7) 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $250 for Class I structures and $75 for Class 2 structures and Class 3 structures. The fee for resubmitting of an application for a variation shall be $175 for Class I structures and $25 for Class 2 and Class 3 structures.
(8) 
The fee for a plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode shall be $250 for one- and two-family homes, and for light commercial structures having the indoor temperature controlled from a single point, and $500 for all other structures.
(9) 
The permit fee for asbestos and/or lead abatement removal from any building or structure shall be $200. The certificate of occupancy shall be $100.
(10) 
The permit fee for tents in excess of 900 square feet or more than 30 feet in any dimension shall be $100.
(11) 
The fee for a permit to erect a fence shall be $75 for a one- through six-family residential application and $150 for business, commercial, industrial and all other residential applications.
A. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Municipal Council of the Town of Irvington biannually a report recommending a fee schedule based on 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.
B. 
Surcharge fees.
(1) 
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 $0.0006 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 is due. In the fiscal year in which the regulations first become effective, said fee shall only be collected and remitted for the third and fourth quarters.
(2) 
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.
A. 
The fire limits as established by Ordinance No. MC 2128 and as shown on the map of fire limits accompanying that ordinance are hereby reestablished, subject to the following revisions:
[Amended 1-13-1981 by Ord. No. MC 2622]
(1) 
The distinction between Fire District No. 1 and Fire District No. 2 is eliminated, and there shall be a single fire district within the Town.
(2) 
Where the limits of portions of the fire district are currently designated as extending to a depth of 100 feet on both sides of designated streets, these limits are revised to provide that the fire limits shall extend to the rear lot lines of the lots abutting on both sides of the designated streets.
(3) 
That triangular portion of Paine Avenue shown on the Zoning Map currently in effect at the time of the adoption of Ordinance No. MC 2128 as a light industrial area is hereby added to the fire district.
(4) 
That triangular portion of land bordered on the north by Chancellor Avenue, on the east by Fortieth Street and on the west by Maplewood Township is hereby added to the fire district.
B. 
The Construction Official shall prepare and submit to the Town of Irvington annually 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.
[Added 9-27-2005 by Ord. No. MC 3301; amended 5-23-2017 by Ord. No. MC 3609]
A. 
Any building construction permit issued by the Construction Code Official shall become invalid and any fees paid for building construction permits shall be nonrefundable if the authorized work is not commenced within 12 months after issuance of the permit or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.
B. 
Interior or exterior building construction performed without a valid construction permit issued by the Township is prohibited in the Township of Irvington. Any contractor and/or property owner found performing work without a permit will be fined a minimum of $250 and a maximum of $5,000 or a maximum of $1,000 for each building, electrical and plumbing or any other permit deemed necessary for the completion of the project so that it meets code.
C. 
In addition to the cost of applying for and obtaining the appropriate permit(s), applying for a permit does not constitute authority to start work unless written approval is provided by the Construction Official. You must have the actual permit posted on the property before work is started. In cases of emergency construction, the contractor and/or property owner performing the work must make application for the permit on the first business day after the start of the emergency construction.