[HISTORY: Adopted by the Municipal Council of the Town (now
Township) of Irvington as indicated in article histories. 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.
[Adopted 2-22-1977 by Ord. No. MC 2485 (Ch. 82 of the 1981 Revised Code)]
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 article
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 article.
[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.
(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 construction
work without a valid construction permit will be fined a minimum of
$500 and a maximum of $10,000 or a maximum of $2,000 for each discipline,
i.e., building, electrical, mechanical, fire and plumbing, or any
other permit deemed necessary for the completion of the project so
that it meets Building Code.
[Amended 10-10-2023 by Ord. No. MC 3844]
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.
D.
Once a stop-work order is issued to a construction site, job site, structure, property owner, individual or contractor, all work at the site must immediately cease. Work at the site can only resume when the stop-work order is lifted, in writing, by the Director of the Department of Housing. If any work is conducted on the site after a stop-work order is issued in violation of § 240-6D, each and every person found working on the job site in addition to the contractor and the property owner shall be subject to the following: for a first offense there shall be a fine of $2,000; for a second offense the fine shall be $5,000; and for a third or subsequent offense the fine shall be $10,000. Anyone found to have unlawfully removed a posted stop-work order shall be subject to a fine of up to $2,000.
[Added 9-14-2020 by Ord.
No. MC 3730; amended 10-10-2023 by Ord. No. MC 3844]
[Adopted 9-23-2019 by Ord. No. MC 3711]
A.
The certificate of compliance exemption applies to all existing structures.
It shall be issued once a complete application accompanied by a copy
of the sales contract has been filed by the owner of the property.
The copy of the sales contract must be signed by both the seller(s)
and the purchaser(s) at the time of submission. A copy of identification
must be included for the seller(s) and buyer(s) with the application.
If the seller is an LLC, a certificate of authority is required. Once
payment is rendered and the application is received in its entirety,
it will be reviewed and executed once.
B.
The required fee to obtain the certificate of exemption is $100 to
be paid by certified funds such as bank check, or money order.
C.
Applicant may apply for an exemption in order to facilitate a sale
of a property through foreclosure/short sale.
D.
When a building, structure or premises has been foreclosed upon or
foreclosure is imminent or complete and the bank has entered into
an agreement with the purchaser to sell, transfer or convey the property
through a short sale, and the building, structure or premises is not
accessible for certificate of compliance following conditions: building
inspection, electrical inspection, plumbing inspection, fire inspection.
(1)
Where a certificate of occupancy or continued occupancy has been
issued by the construction official 90 days prior to transfer, or
sale of the structure, a certificate of exemption shall not be required.
(2)
Any purchase, sale, transfer, sale or premises owned by the Township
of Irvington.
(3)
Any building, structure or premises being purchased, sold, transferred
or conveyed is in such a deteriorated condition that it is unfit for
human habitation as determined by the Director of the Housing and
Building Department or the designee of the Director.
(4)
If a certificate of exemption is not filed in place of a certificate
of occupancy or temporary certificate of occupancy prior to sale of
any structure, the seller will incur a minimum penalty no less than
a $500 fine plus other penalties permitted by Township ordinance and
state law.
E.
The certificate of exemption is not to exceed a period of 90 days
from the conveyance. It is nonrenewable nor can it be transferred.
Once new ownership is in place, it's the new owner's responsibility
to obtain a certificate of occupancy or temporary certificate of occupancy,
granted all UCC standards have been met upon review of the property.
