[HISTORY: Adopted by the Mayor and Council of the Borough of South Plainfield 3-28-1991 by Ord. No. 1232. Amendments noted where applicable.]
In accordance with the provisions of N.J.A.C. 5:23-4.3 et seq.:
A. 
There is hereby established in South Plainfield a State Uniform Construction Code enforcing agency to be known as the "Code Enforcement Agency," consisting of a construction official, building subcode official, plumbing subcode official, electrical subcode official and/or agency, 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,[1] 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.
[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 Code Enforcement Agency at the Borough Hall, 2480 Plainfield Avenue, South Plainfield, New Jersey, except for emergencies and unforeseen or unavoidable circumstances.
A. 
There is hereby established a Construction Board of Appeals to hear appeals from decisions by the enforcing agency. Such Board shall consist of five members. At least one Board member shall be a registered architect or licensed professional engineer with building construction experience, and at least one Board member shall be qualified as a plumbing subcode official and one qualified as an electrical subcode official. No more than two Board members shall be selected from the same business or profession. Each Board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect; or, in the alternative, five years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education; or, as a further alternative, 10 years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
B. 
Appointment.
(1) 
The Council shall appoint the Board members and any alternate members. For the members first appointed, the Council shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and two for a term of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. Vacancies shall be filled for the unexpired term.
(2) 
The Council shall appoint such number of alternates as may be appropriate, for terms not to exceed four years, or may, in the alternative, appoint alternates on a case-by-case basis. No regular or alternate Board member may be a member of the enforcing agency, the decisions of which are subject to the review of the Board.
[Amended 7-14-1994 by Ord. No. 1363; 9-12-1996 by Ord. No. 1431; 7-17-1997 by Ord. No. 1455; 8-14-1997 by Ord. No. 1459; 10-10-2002 by Ord. No. 1603; 10-2-2007 by Ord. No. 1801; 6-21-2010 by Ord. No. 1894; 4-2-2012 by Ord. No. 1953]
In accordance with the provisions of N.J.A.C. 5:23-4.18, there are hereby established the following fees:
A. 
Plan review fee.
(1) 
The fee for a construction permit shall be the sum of the subcode fees and shall be paid before the permit is issued.
(2) 
The fee for plan review shall be 20% of the construction permit fee and shall be paid at the time of submission of an application for a permit. The amount of the plan review shall be deducted from the amount of the fee due for a construction permit when the permit is issued. Plan review fees shall not be refundable.
B. 
Subcode fees established pursuant to N.J.A.C. 5:23-2.25.
[Amended 3-16-2015 by Ord. No. 2018; 9-8-2015 by Ord. No. 2030; 7-31-2018 by Ord. No. 2081; 6-17-2019 by Ord. No. 2143; 9-7-2021 by Ord. No. 2210]
(1) 
Building.
(a) 
New construction.
[1] 
Residential R-3 and R-5.
[a] 
$0.025 per cubic foot volume as per N.J.A.C. 5:23-2.28; minimum fee $75.
[b] 
Certificate of occupancy R-3, R-4 & R-5: $125 per dwelling unit.
[c] 
State permit surcharge fee per cubic ft volume as per NJ DCA fee schedule.
[2] 
All other use groups.
[a] 
$0.035 per cubic foot volume as per N.J.A.C. 5:23-2.28; minimum fee $125.
[b] 
Certificate of occupancy: 10% of permit fee; minimum fee $250.
[c] 
State permit surcharge fees shall be in accordance with NJ DCA fee schedule.
(b) 
Additions.
[1] 
Residential R-3 and R-5.
[a] 
$0.025 per cubic foot volume as per N.J.A.C. 5:23-2.28; minimum fee $75.
[b] 
Certificate of occupancy R-3, R-4, and R-5: $125.
[c] 
State permit surcharge fees shall be in accordance with NJ DCA fee schedule.
[2] 
All other use groups.
[a] 
$0.035 per cubic foot volume as per N.J.A.C. 5:23-2.28; minimum fee $125.
[b] 
Certificate of occupancy: 10% of permit fee; minimum fee $250.
[c] 
State permit surcharge fees shall be in accordance with NJ DCA fee schedule.
(c) 
Alterations, renovations, reconstruction and repairs.
[1] 
Residential R-3 and R-5.
[a] 
$25 per $1,000 construction cost. Minimum fee: $75.
[b] 
State permit surcharge fees shall be in accordance with NJ DCA fee schedule.
[c] 
Above ground swimming pools: $100 minimum fee.
[d] 
In ground swimming pools: $500 fee.
[e] 
Reconstruction certificate of occupancy: $100.
[2] 
All other use groups.
[a] 
$30 per $1,000 construction cost. Minimum fee: $100.
[b] 
State permit surcharge fees shall be in accordance with NJ DCA fee schedule.
[c] 
In ground swimming pools: $750 Minimum fee.
[d] 
Reconstruction certificate of occupancy: $250.
(d) 
Fees for combination of (a), (b) and (c) shall be calculated separately.
(2) 
Plumbing and mechanical.
(a) 
$20 per fixture, piece of equipment or appliance connected to the plumbing system.
(b) 
Residential minimum fee: $75 commercial minimum fee: $100.
(c) 
Residential: $75 per special device. Commercial: $100 per special device: Furnaces, boilers, hot water heaters, gas/oil piping, sewer connection, water service connection, sewer pumps, grease traps, oil separators, refrigeration units, backflow preventers, active solar systems, annual sprinkler inspection, quarterly or annual cross connection permits and interceptors.
(d) 
South Plainfield residents 65 or older may have the water heater replacement fee waived.
(3) 
Fire: residential minimum fee: $75; commercial minimum fee: $100.
(a) 
Smoke detectors:
1 to 6
$75
7 to 20
$125
Each additional 25 detectors
$50
(b) 
Sprinkler heads:
1 to 10
$100
11 to 50
$150
51 to 200
$275
201 to 400
$800
401 to 1,000
$1,000
Over 1,000
$1,500
(c) 
Solar PV systems: $75 minimum residential fee; $100 minimum commercial fee.
(d) 
Kitchen exhaust systems: $125.
(e) 
Pre-engineered systems: $125.
(f) 
Gas or oil appliances: $75 (not connected to plumbing system).
(g) 
Crematoriums: $365; incinerators: $365; standpipes: $365.
(4) 
Electrical: $75 minimum residential fee; $100 minimum commercial fee.
(a) 
Receptacles, lights, switches: $75 fee for 1-25 devices, $1 fee for each additional device thereafter.
[1] 
Includes: Intercom Devices, Smoke Detector Commercial, Thermostats, Heat Detectors Commercial, Communication Outlets, Circuit outlets, Burglar Alarm Commercial, Light Standards eight feet or less, Commercial Pools.
[2] 
Light standards. [Editor's Note: No fee specified.]
(b) 
Motors.
[1] 
1 HP to 10 HP: $25.
[2] 
11 HP to 50 HP: $60.
[3] 
51 HP to 100 HP: $120.
[4] 
101 HP+: $580.
(c) 
Transformers-generators-HVAC units:
[1] 
1 KW to 10 KW: $25.
[2] 
11 KW to 45 KW: $60.
[3] 
46 KW to 112.5 KW: $120.
[4] 
112.6 KW+: $580.
(d) 
Service: each-main pane-disconnect-sub-panel:
[1] 
0 AMP to 225 AMP: $60.
[2] 
226 AMP to 1,000 AMP: $120.
[3] 
1,001 AMP +: $580.
(e) 
Alarms-burglary-security: commercial only: fee $75.
(f) 
Private pools, spas and hot tubs: fee $75.
(g) 
Photovoltaic:
[1] 
1 KW to 50 KW: $75.
[2] 
51 KW to 100 KW: $120.
[3] 
101 KW+: $580.
(h) 
Commercial pools annual inspections: $175 fee.
(5) 
Demolition of structures.
(a) 
Five thousand square feet or less: $250 fee.
(b) 
Over 5,000 square feet: $1,000 fee.
(c) 
No state fee.
(6) 
Fire repair.
(a) 
$25 per thousand cost of construction. Minimum fee: $100.
(b) 
R-3 and R-5 Maximum fee $1,000.
(7) 
Elevators.
(a) 
Enforced by the department of community affairs-elevator safety unit.
(b) 
(609) 984-7833
(8) 
Signs.
(a) 
Signs to up to 50 square feet: $85 per sign.
(b) 
Signs 51 to 100 square feet: $150 per sign.
(c) 
Signs 101 to 250 square feet: $250 per sign.
(d) 
Does not include cost for sign footing/foundation if applicable.
(9) 
Tank removal and installation.
(a) 
Residential tanks: $100 per tank.
(b) 
All other tanks: $275 per tank.
(c) 
No state fee for tank removal.
(10) 
Commercial change of owner/commercial tenant certificate of use:
(a) 
Change of owner fee: $250.
(b) 
Tenant certificate of use fee: $100.
(11) 
Certificate of municipal compliance for smoke detector and carbon monoxide.
(a) 
One to four families between 10:00 a.m. and 12:00 p.m.: $65 per dwelling unit.
(b) 
Multifamily between 10:00 a.m. and 12:00 p.m.: $50 per dwelling unit.
(c) 
One to four families at a special time: $125 per dwelling unit.
(d) 
Multifamily at a special time: $100 per dwelling unit.
(e) 
Reprint of any issued certificate: $25.
(f) 
First re-inspection for failed or missed inspection: $35 per dwelling unit.
(g) 
Second re-inspection for failed or missed inspection: cost of initial inspection.
(12) 
Other uniform construction code fees.
(a) 
Certificate of continued occupancy issued pursuant to N.J.A.C. 5:23-2.23.
[1] 
R-3 and R-5: $100.
[2] 
All other use groups: $250.
(b) 
Change of use.
[1] 
R-3 and R-5: $100.
[2] 
All other use groups: $250.
(c) 
Variation.
[1] 
R-3 and R-5: $50.
[2] 
All other use groups: $150.
(d) 
Renewal of temporary certificate of occupancy:
[1] 
All use groups: $50.
(e) 
Asbestos abatement project pursuant to N.J.A.C. 5:23-8.5.
[1] 
Permit fee: $106.
[2] 
Certificate of occupancy fee: $21.
(f) 
Plan review fee.
[1] 
20% of permit fee.
(g) 
Lapsed permit reinstatement.
[1] 
R-3 and R-5: $100.
[2] 
All other use groups: $125.
(h) 
Lead hazard abatement work.
[1] 
Permit fee: $140.
[2] 
Clearance certificate: $50.
(i) 
Application to Construction Board of Appeals:
[1] 
Fee: $100.
(13) 
Zoning permits:
(a) 
Residential fee: $50.
(b) 
Commercial fee: $100.
(14) 
Zoning ordinance with map or master plan: fee $50.
(15) 
Development review ordinance: fee $35.
(16) 
Bounced or returned check fee: $20.
(17) 
Zoning verification letter: $35.
C. 
Exemption from construction fees.
(1) 
Pursuant to the provisions of N.J.S.A. 52:27D-126e, no person shall be charged a construction permit surcharge or enforcing agency fee, except those fees for subcode inspections not performed by Borough employees, for any construction, reconstruction, alteration or home improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein.
(2) 
A disabled person, as defined herein, or a parent or sibling of a disabled person shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his or her own living unit.
(3) 
For the purposes of this section, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any person who is disabled pursuant to the federal Social Security Act (42 U.S.C. § 416) or the federal Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having a sixty-percent disability or higher pursuant to any federal law administered by the United States Veterans Administration. For purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of correcting lenses. An eye which is accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.
A. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council 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.
B. 
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 $0.00371 per cubic foot of building or structure 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 be collected and 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).