[HISTORY: Adopted by the Township Committee of the Township of Morris 12-22-1976 by Ord. No. 32-76 (Ch. 37 of the 1969 Code). Amendments noted where applicable.]
A. 
There is hereby established in the Township of Morris a State Uniform Construction Code enforcing agency to be known as the "Township of Morris Uniform Construction Code enforcing agency," consisting of a Construction Code Official, Building Subcode Official, Plumbing 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, and such other subcode assistants as may be necessary, to be appointed by the Township Committee. The Construction Code Official shall be the chief administrator of the enforcing agency.
[Amended 5-7-1995 by Ord. No. 13-95; 6-17-2015 by Ord. No. 20-15]
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, which office shall be located in the Municipal Building at 50 Woodland Avenue, Morris Township, New Jersey.
[Added 8-19-1998 by Ord. No. 15-1998[1]]
All appeals from decisions of the enforcing agencies of the Township of Morris shall be filed and heard by the Morris County Construction Board of Appeals. All such appeals shall be made, taken and filed in accordance with the rules and regulations promulgated by the New Jersey Administrative Code and the Morris County Construction Board of Appeals.
[1]
Editor's Note: This ordinance also repealed original § 37-2, Construction Board of Appeals, of the 1969 Code.
[Amended 3-14-1979 by Ord. No. 13-79; 3-8-1984 by Ord. No. 31-84; 9-11-1985 by Ord. No. 32-85; 3-28-1990 by Ord. No. 6-90; 5-7-1995 by Ord. No. 13-95]
A. 
The fee for a construction permit and all other permits required to be issued by the Construction Code Official of the Township of Morris shall be the fees set forth in the Department of Community Affairs fee schedule, N.J.A.C. 5:23-4.20, as amended.
[Amended 2-3-1999 by Ord. No. 5-99; 5-4-2005 by Ord. No. 16-05; 5-16-2007 by Ord. No. 18-07; 3-17-2010 by Ord. No. 5-10; 7-21-2010 by Ord. No. 14-10; 7-19-2017 by Ord. No. 18-17; 11-9-2022 by Ord. No. 22-22; 10-18-2023 by Ord. No. 21-23]
(1) 
Application for variation:
(a) 
Class I: $300.
(b) 
Class II: $200.
(c) 
Class III: $100.
(d) 
There shall be an additional fee of $690 per hour for review of any amendment or change to a plan that has already been released.
(2) 
Building fee schedule. Minimum fee for each subcode: $85.
(a) 
Change of contractor: $30.
(b) 
New building:
[1] 
R-5: $0.037 per cubic foot.
[2] 
All others: $0.047 per cubic foot.
(c) 
Addition:
[1] 
R-5: $0.037 per cubic foot.
[2] 
All others: $0.047 per cubic feet.
(d) 
Alteration:
[1] 
First $50,000:
[a] 
R-5: $34 per $1,000.
[b] 
All others: $45 per $1,000.
[2] 
Next $50,000:
[a] 
R-5: $30 per $1,000.
[b] 
All others: $40 per $1,000.
[3] 
Over $100,000:
[a] 
R-5: $28 per $1,000.
[b] 
All others: $35 per $1,000.
(e) 
Roofing, R-5: $100.
(f) 
Siding, R-5: $100.
(g) 
Fence: $100.
(h) 
Sign: $7 per square foot.
(i) 
Pool, aboveground: $200.
(j) 
Pool, in-ground: $700.
(k) 
Asbestos abatement/lead: $200.
(l) 
Lead hazard: $200.
(m) 
Demolition.
[1] 
R-5 less than 5,000 square feet, 30 feet: $300.
[2] 
U-tank removals: $100.
[3] 
All others: $3,000.
(n) 
Radon: $100.
(o) 
Certificates.
[1] 
Certificate of occupancy (CO):
[a] 
R-5: $100.
[b] 
All others: $200.
[2] 
CO asbestos: $50.
[3] 
Certificate of continued occupancy (CCO): $75 per subcode.
[4] 
Use group change: $250.
[5] 
Certificate for clearance for lead: $25.
[6] 
Temporary certificate of occupancy (TCO): $35.
(3) 
Electrical fee schedule. Minimum fee for each subcode: $85.
(a) 
Change of contractor: $30.
(b) 
Receptacles and fixtures:
[1] 
First 50: $60.
[2] 
Each additional 25: $30.
(c) 
Motors and electrical devices over one hp:
[1] 
Up to 10 hp: $35.
[2] 
Up to 50 hp: $90.
[3] 
Up to 100 hp: $140.
[4] 
Larger than above: $700.
(d) 
Transformers and generators over 1 kw:
[1] 
Up to 10.0 kw: $35.
[2] 
Up to 45.0 kw: $90.
[3] 
Up to 112.50 kw: $140.
[4] 
Larger than above: $700.
(e) 
Service panels, entrances, and subpanels:
[1] 
Up to 200 amps: $100.
[2] 
Up to 1,000 amps: $200.
[3] 
Larger than above: $700.
(f) 
Pool: $200.
(g) 
Annual pool inspection: $150.
(4) 
Plumbing fee schedule.
(a) 
Minimum fee for subcode: $85.
(b) 
Change of contractor: $30.
(c) 
Water closet: $30.
(d) 
Urinal/bidet: $30.
(e) 
Bathtub: $30.
(f) 
Lavatory: $30.
(g) 
Shower: $30.
(h) 
Floor drain: $30.
(i) 
Sink: $30.
(j) 
Dishwasher: $30.
(k) 
Drinking fountain: $30.
(l) 
Washing machine: $30.
(m) 
Hose bibb: $30.
(n) 
Stacks: $30.
(o) 
Water heater:
[1] 
R-5: $80.
[2] 
All others: $100.
(p) 
Fuel oil piping:
[1] 
R-5: $80.
[2] 
All others: $100.
(q) 
Gas piping:
[1] 
R-5: $80.
[2] 
All others: $100.
(r) 
Steam boiler: $100.
(s) 
Hot-water boiler: $100.
(t) 
Sewer pump: $100.
(u) 
Interceptor/separator: $100.
(v) 
Backflow preventer: $30.
(w) 
Grease trap: $100.
(x) 
Sewer connection: $100.
(y) 
Water service connection: $100.
(z) 
Furnace: $100.
(aa) 
Chimney liner: $80.
(bb) 
A/C condensate and condenser: $60.
(cc) 
Backflow preventer annual: $100 per backflow, comm.
(5) 
Fire fee schedule.
(a) 
Minimum fee for subcode: $85.
(b) 
Change of contractor: $30.
(c) 
Storage tanks: $100.
(d) 
Alarm/supervisory/signaling:
[1] 
First 12: $100.
[2] 
Each additional 25: $120.
(e) 
Wet and dry sprinkler heads:
[1] 
One to 20: $100.
[2] 
Twenty-one to 100: $175.
[3] 
One hundred one to 200: $350.
[4] 
Two hundred one to 400: $900.
[5] 
Four hundred one to 1,000: $1,500.
[6] 
Over 1,000: $2,000.
[7] 
Standard pipes: $400.
(f) 
Pre-engineered systems:
[1] 
Wet chemical: $400.
[2] 
Dry chemical: $400.
[3] 
CO2 suppression: $400.
[4] 
Foam suppression: $400.
[5] 
Halon suppression: $400.
(g) 
Miscellaneous:
[1] 
Residential hood: $85.
[2] 
Kitchen hood exhaust system: $400.
[3] 
Smoke control systems: $2,500.
[4] 
Gas or oil-fired appliance: $90.
[5] 
Fire main: $400.
[6] 
Solar panel: $85.
[7] 
Chimney liner: $80.
(6) 
Mechanical fee schedule.
(a) 
Minimum fee for subcode: $85.
(b) 
Change of contractor: $30.
(c) 
Water heater.
[1] 
R-5: $80.
[2] 
All others: $100.
(d) 
Fuel oil piping.
[1] 
R-5: $80.
[2] 
All others: $100.
(e) 
Gas piping.
[1] 
R-5: $80.
[2] 
All others: $100.
(f) 
Steam boiler: $100.
(g) 
Hot-water boiler: $100.
(h) 
Hot-air furnace: $100.
(i) 
Oil tank: $100.
(j) 
LPG tank: $100.
(k) 
Chimney liner: $80.
(l) 
A/C condensate and condenser: $60.
(m) 
Fireplace: $30.
(7) 
Municipal ordinance:
(a) 
Certificate of continued occupancy: $130.
(b) 
Zoning approval: $100.
(8) 
Copying and printing fee, 24 inches by 36 inches or larger:
(a) 
Black and white: $2 per page.
(b) 
Color: $4 per page.
B. 
The Construction Code Official shall, with the advice of the subcode officials, prepare and submit to the Township Committee, annually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributed to the enforcement of the State Uniform Construction Code Act.[1]
[Amended 6-17-2015 by Ord. No. 20-15]
[1]
Editor's Note: See N.J.S.A. 52-27D-119 et seq.
C. 
Waiver of construction and permit fees in certain cases. Pursuant to Section 1 of P.L. 1989, c. 223 (N.J.S.A. 52:27D-126e), and as the same may be from time to time amended, no person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or 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.
[Added 12-16-1998 by Ord. No. 27-98]
D. 
The Township of Morris may elect to utilize an outside agency for the provision of the Uniform Construction Code Fire Subcode services set forth in the preceding sections of this chapter. In the event the Township should so elect, the fee structure shall be as provided in N.J.A.C. 5:23-4.20, as the same may be from time to time amended. In addition, the Township will charge an administrative fee of 30% of the scheduled fee, the same to be retained by the Township.
[Added 9-15-2010 by Ord. No. 23-10; amended 6-17-2015 by Ord. No. 20-15]
A. 
Until this chapter may be amended, there shall be no fire limits established in the Township of Morris.
B. 
The Construction Code Official shall prepare and submit to the Township Committee, biannually, a report reevaluating the delineation of the fire limits. The report shall indicate the recommendations of the Construction Code 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.
[Amended 6-17-2015 by Ord. No. 20-15]
The Clerk of the Township of Morris shall forward a copy of this chapter to the State of New Jersey Department of Community Affairs.
[Added 12-20-2023 by Ord. No. 29-23]
A. 
Definitions. The following definitions shall apply to this chapter.
ACT
The Lead Hazard Control Assistance Act, P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.1 et seq.), as may be amended from time to time.
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
INTERIM CONTROLS
A set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs, or the term as it is defined under 42 U.S.C. § 4851b.
LEAD ABATEMENT
A set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the commissioner, provided that such standards shall be consistent with applicable federal standards. The term includes: a) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and b) all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
LEAD INSPECTOR
A person certified by the Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT
Paint or other surface coating material that contains lead in excess of 1.0 milligram per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present in surfaces, that would result in adverse human health effects.
LEAD-BASED PAINT HAZARD INSPECTION
An inspection of a housing unit and the structure's interior common areas and exterior surface for the presence of lead-based paint hazards.
LEAD-FREE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
LEAD-SAFE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed, and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance.
MULTIFAMILY HOUSING
A dwelling unit in a multiple dwelling as defined in Section 3 of P.L. 1967, c. 76 (N.J.S.A. 55:13A-3).
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
B. 
Required initial inspection. Upon enactment of this section, all single-family, two-family, and multiple-rental dwelling units located within the Township shall be initially inspected for lead-based paint upon tenant turnover, but no later than July 22, 2024, in the event there has been no tenant turnover before that date;
C. 
Subsequent inspections. Following the initial inspection, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification pursuant to the Act. Lead-safe certificates are valid for two years. If the lead-safe certificate has expired, and there will be a tenant turnover, an inspection will be necessary before the three-year inspection. The Township Code Enforcement Officer shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
D. 
Standards.
(1) 
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq. and N.J.S.A. 55:13A-1 et seq., as may be amended from time to time. However, the Township Inspector or lead evaluation contractor with the duty to inspect these dwellings may consult with the local health board, the Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards of repair of dwellings containing lead paint.
(2) 
If the dwelling is located in a municipality in which less than 3% of children tested, six years of age or younger, have blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the Department of Health pursuant to Section 5 of P.L. 1995, c. 328 (N.J.S.A. 26:2-137.6) or according to other data deemed appropriate by the Commissioner, then a lead evaluation contractor or Township's Inspector may inspect for lead-based paint hazards through visual assessment.
(3) 
If a dwelling is located in a municipality in which at least 3% of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the Department of Health pursuant to Section 5 of P.L. 1995, c. 328 (N.J.S.A. 26:2-137.6), or according to other data deemed appropriate by the Commissioner, then a lead evaluation contractor or Township's Inspector shall inspect for lead-based paint hazards through dust wipe sampling.
E. 
Lead evaluation contractor in lieu of Township Inspector. The property owner or landlord may, in lieu of having the dwelling inspected by the Township's lead inspector, directly hire a private lead evaluation inspector who is certified to provide lead paint inspection service by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16(b)(3) as may be amended from time to time.
F. 
Exceptions. Notwithstanding anything herein, a dwelling unit in a single-family, two-family, or multiple-rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(1) 
Has been certified to be free of lead-based paint, or holds a lead-free certification pursuant to N.J.A.C. 5:17-3.1(b);
(2) 
Was constructed during or after 1978;
(3) 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling of at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.);
(4) 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals; or
(5) 
Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16(d)(2).
G. 
Identification of lead-based paint hazards.
(1) 
If upon inspection lead-based paint hazards are identified as existing in the dwelling, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Act. Upon the remediation of the lead-based paint hazard, the Township's Inspector or the owner's private lead inspector shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
(2) 
If upon inspection or following remediation, no lead-based paint hazards exist in a dwelling unit, then the Township's Inspector or lead evaluation contractor shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulation or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. Such certification shall be valid for two years.
H. 
Reporting requirements for owners/landlords and contractors. Owners/landlords of all dwellings subject to the inspection requirements under this section shall register their unit(s) with the Township and provide the Township with up-to-date information on inspection schedules, inspection results, and tenant turnover. A copy of all lead-safe certifications issued for property located in the Township, other than those issued by the Township, shall be provided to the Township by the evaluating contractor. An owner/landowner shall provide the Township with a copy of any lead-free certification issued pursuant to N.J.A.C. 5:17 for their unit(s).
(1) 
In accordance with N.J.S.A. 52:27D437.16(e) property owners shall:
(a) 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover at the time of the cyclical inspection carried out under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1 et seq., unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to the Act.
(b) 
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of the tenant turnover unless not required pursuant to the Act and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
(c) 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy, unless not required pursuant to the Act.
(2) 
If a lead evaluation contractor or Township's Inspector finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection, then the lead evaluation contractor or Township's Inspector shall notify the Commissioner of Community Affairs, who shall review the finding in accordance with Section 8 of the Act.
I. 
Fees. The fees for a lead-based paint inspection shall be as follows:
(1) 
The fee for a visual assessment performed by the Township's lead inspector shall be $150 per dwelling unit;
(2) 
The fee for filing of a lead-safe certification or lead-free certification shall be $25;
(3) 
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Township inspector or the owner's private lead evaluation contractor shall be assessed for the purpose of the "Lead Hazard Control Assistance Act" unless the owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be deposited by the Township of Morris into the Lead Hazard Control Assistance Fund;
(4) 
In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
J. 
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19, the penalties of a violation of P.L. 2021, c. 182 shall be as follows:
(1) 
If the Township Official determines a property owner/landlord has failed to comply with the inspection requirements of this section, the property owner/landlord shall be given 30 days to cure the violation by ordering the necessary inspection or by initiating remediation;
(2) 
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.