Town of Westfield, NJ Article I In General

§ 8-1 State Uniform Construction Code Enforcing Agency.

[G.O. No. 1228, § 1; G.O. No. 1184, § 1]

(a) There is hereby established in the Town a State Uniform Construction Code enforcing agency, which shall be the Division of Building Inspection within the Department of Public Works. Such division shall consist of a Construction Official, building subcode official, plumbing subcode official, fire protection subcode official, and such other subcode officials for such additional subcodes as the commissioner of the State Department of Community Affairs shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency in the discharge of the functions and duties established by the Statutes of the State of New Jersey and regulations promulgated thereunder. The Town Council may, by subsequent amendment hereof, provide for the reorganization of positions or for the redistribution of authority under this section among the several appointed officials; provided, that it shall in all cases conform to the applicable provisions of statute and administrative regulations pertaining thereto.

(b) Each official position created in Subsection (a) hereof shall be filled by a person qualified for such position pursuant to the Public Laws of 1975, Chapter 217, as amended and New Jersey Administrative Code, Section 5:23, provided, that, in lieu of any particular subcode official, an onsite inspection agency may be retained by contract pursuant to New Jersey Administrative Code, Section 5:23. More than one such official position may be held by the same person; provided, that such person is qualified pursuant to Public Laws, 1975, Chapter 217, and New Jersey Administrative Code, Section 5:23 to hold such position.

(c) The public shall have the right to do business with the enforcing agency at one office location, except for emergencies and unforseen or unavoidable circumstances.

§ 8-2 Construction board of appeals.

[G.O. No. 1184, § 2; G.O. No. 1498, § I]

(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 and such alternates as the Town Council may approve and appoint. At least one board member shall be either a registered architect or licensed professional engineer with building construction experience, and at least one board member shall be as qualified as a plumbing subcode official, and one as qualified as an electrical subcode official and one as qualified as a fire protection subcode official. No more than two board members shall be selected from the same business or profession. Each member shall be qualified by experience or trained to perform his duties as a member of the board, which shall be no less than that which is required of a construction or subcode official, as provided by statute. Members of the board need not be certified. No member shall receive an appointment unless he shall meet at least these minimum requirements. Members need not be residents of the Town of Westfield.

(b) The Town Council shall appoint the board members and any alternate members. For the members first appointed, the Town 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 on the board shall be filled for the unexpired term.

The Town Council shall appoint such number of qualified alternates, as may be appropriate to serve during the absence or disqualification of any member, for terms not to exceed four years; or may, in the alternative appoint alternates on a case by case basis. Alternates need not be residents of the Town of Westfield.

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. No regular or alternate member of the board shall pass on any question in which he is engaged as contractor or material dealer, or in which he has been involved in the preparation of plans or specifications, or in which he has a personal or professional interest. Regular and alternate members may be removed by the Town Council for cause after a hearing. A person may serve on more than one construction board of appeals. Employees of the Town of Westfield, the State or any County may serve on such board as members or alternates so long as they meet all other qualifications, provided they be disqualified from consideration of appeals affecting state, Town or county owned or leased structures. The Town Council shall designate one of the regular members of the board to serve as chairman.

(c) No compensation shall be paid to regular or alternate members of the board of appeals for services rendered, but they shall in any event, be reimbursed for all necessary expenses incurred by them in the performance of their duties.

§ 8-3 Uniform construction code municipal enforcing agency fees, subcode fees.

[G.O. No. 1199, § I; G.O. No. 1184, § 4; G.O. No. 1212, § I; G.O. No. 1240, § I; G.O. No. 1277, § I; G.O. No. 1391, § I; G.O. No. 1465, § I; G.O. No. 1521, § I; G.O. No. 1557, § I; G.O. No. 1578, §§ I, II; G.O. No. 1646; G.O. No. 1665; G.O. No. 1735; G.O. No. 1747; G.O. No. 1749; G.O. No. 1776; amended 5-25-2010 by G.O. No. 1955]

(a) General.

(1) The fee for plan review, computed as a percentage of the fees for a construction permit, shall be due at the time of application for a permit. Plan review fees are not refundable.

(2) The fee to be charged for a construction permit will be the sum of the basic construction fee plus all applicable special fees, such as elevator or sign fees. All fees shall be rounded to the nearest dollar amount. This fee shall be paid before a permit is issued.

(3) A fee to be charged for a certificate of occupancy shall be paid before a certificate is issued. This fee shall be in addition to the construction permit fee.

(b) U.C.C. Municipal Enforcing Agency fees shall be as follows:

(1) Plan review fee: The fee for plan review shall be 25% of the amount to be charged for a new construction permit, except that elevator device plan review shall be as in Subsection (b)(5) and (6) below.

(2) The basic construction fee shall be the sum of the parts 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 and the number of sprinklers, standpipes, and detectors (smoke and heat) at the unit rates provided herein plus any special fees. The minimum fee for a basic construction permit shall be $75. The minimum fee per subcode shall be $75.

a. Building volume or cost. The fees for new construction or alteration are as follows:

1. 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 $0.037 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Subchapters 3 and 4 of N.J.A.C. 5:23 (Uniform Construction Code). The minimum fee for new or added volume shall be $200.

2. 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 of the estimated cost of the work up to and including $50,000. From $50,001 up to and including $100,000, the additional fee shall be in the amount of $25 per $1,000 of estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $20 per $1,000 of estimated cost above $100,000. For the purpose of determining estimated cost, the applicant shall submit to the enforcing agency such cost data as may be available or 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 enforcing agency shall make the final decision regarding estimated cost.

3. Fees for additions shall be computed on the same basis as for new construction for the added portion.

4. Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection (b)(2)a 2 and 3, above.

5. Flat fees:

[a] The fee for a temporary structure shall be $110.

[b] The fee for a private swimming pool with a security enclosure shall be $300.

[c] The fee for a public swimming pool with a security enclosure shall be $650.

[d] The fee for a security enclosure for a private swimming pool shall be $75.

[e] The fee for a security enclosure for a public swimming pool shall be $130.

[f] The fee for a wood deck up to and including 100 square feet shall be $85.

[g] The fee for a wood deck over 100 square feet and up to and including 200 square feet shall be $125.

[h] The fee for a wood deck over 200 square feet shall be $150.

[i] The fee for an open structural tower up to and including 30 feet in height shall be $150.

[j] The fee for an open structural tower over 30 feet in height shall be $300.

[k] The fee for a fireplace shall be $130.

[l] The fee for a chimney or chimney liner shall be $130.

[m] The fee for lead hazard abatement shall be $150.

[n] The fee for a freestanding storage shed more than 100 square feet in area or more than 10 feet in height and accessory to buildings of Use Groups R-2, R-3, R-4, or R-5 shall be $100. Storage sheds for all other use groups shall be based on volume in the amount of $0.030 per cubic foot with a minimum cost of $150.

[o] The fee for residential roofing and siding permits for buildings of Use Groups R-3, R-4, and R-5 shall be $100, but shall be priced individually if combined under the same permit.

[p] The fee for all asbestos abatement work shall be $84 ($70 for the permit and $14 for the certificate of occupancy).

[q] The fees for the installation of each liquid storage tank used for the storage of gasoline, diesel fuel, fuel oil, motor oil, waste oil, chemical or other miscellaneous storage tanks whether above- or underground tanks shall be as follows:

[1] For tanks up to and including 550 United States gallons shall be $100.

[2] For tanks over 550 United States gallons up to and including 2,000 United States gallons shall be $150.

[3] For tanks over 2,000 United States gallons shall be $150 plus $10 for every 1,000 gallons or each part thereafter in excess of 2,000 gallons.

[r] The fee for residential housemoving - relocation shall be $75 for the permit.

[s] The fee for a detached garage shall be based on cubic feet of $0.037 with a minimum fee of $150 for the permit.

[t] The fee for a radon permit shall be $75.

b. Plumbing fixtures and equipment. The fees shall be as follows:

1. The fee shall be in the amount of $13 per fixture connected to the plumbing system for all fixtures and appliances except as listed in Subsection (b)(2)b2 and 3 below.

2. The fee shall be $85 per special device for the following: grease traps, oil separators; water-cooled air conditioning units, refrigeration units, utility service connections, back flow preventers, except that all back flow preventers for residential Use Groups R-3, R-4, and R-5 for boilers and lawn sprinkler systems shall be $20; steam boilers, hot water boilers (excluding those for domestic water heating), active solar systems, sewer pumps, interceptors and fuel oil piping. There shall be no inspection fee charged for gas service entrances.

3. The fee for gas piping shall be in the amount of $30 per appliance connected thereto.

4. There shall be a minimum fee of $75 for a plumbing permit.

c. Electrical fixtures and devices. The fee shall be as follows:

1. For from one to 50 receptacles or fixtures, the fee shall be in the amount of $60. For each 25 receptacles or fixtures in addition to 50, the fee shall be in the amount of $30. 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 or less.

2. For each motor or electrical device equal to one horsepower and less than or equal to 10 horsepower, and for transformers and generators equal to one kilowatt and less than or equal to 10 kilowatts, the fee shall be $25.

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 100 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 service panel, service entrance or subpanel greater than 0 to 100 amperes the fee shall be $100; greater than 100 amps to 225 amps, the fee shall be $125; greater than 225 amps to 1,000 amps, the fee shall be $175; greater than 1,000 amps, the fee shall be $500.

5. 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 800 amperes; and for transformers and generators greater than 45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall be $125.

6. For each motor or electrical device greater than 100 horsepower; for each service panel, service entrance or subpanel greater than 800 amperes; and for each transformer or generator greater than 112.5 kilowatts, the fee shall be $500.

7. For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electric current.

8. The fee for annual inspections of all wiring in relation to swimming pools, spas and hot tubs shall be $150 for the first pool, spa or hot tub and $50 each for each additional.

9. For each transformer and generator greater than one kilowatt to 10 kilowatts, the fee shall be $25; 11 kilowatts to 50 kilowatts, the fee shall be $75; 51 kilowatts to 100 kilowatts, the fee shall be $125; greater than 100 kilowatts, the fee shall be $500.

10. The fee for installation of an air-conditioning unit shall be $75 for the permit.

11. The minimum fee shall be $75 for an electric permit.

d. Fire protection and other hazardous equipment: sprinklers, standpipes, detectors (smoke and heat), preengineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums:

1. Fee per head or detector.

[a] The fee for 20 or fewer heads or detectors shall be $75, except for one- and two-family residences (Use Group R-3, R-4, or R-5 of the building code); the fee for five or fewer smoke detectors shall be $75.

[b] For 21 to and including 100 heads or detectors, the fee shall be $150.

[c] For 101 to and including 200 heads or detectors, the fee shall be $260.

[d] For 201 to and including 400 heads or detectors, the fee shall be $600.

[e] For 401 to and including 1,000 heads or detectors, the fee shall be $882.

[f] For over 1,000 heads or detectors, the fee shall be $1,200.

[g] In computing fees for heads and detectors, the number shall be counted separately and two fees, one for heads and one for detectors, shall be charged.

2. The fee for each standpipe shall be $260.

3. The fee for each independent preengineered system shall be $92.

4. The fee for each gas- or oil-fired appliance that is not connected to the plumbing system shall be $75.

5. The fee for each kitchen exhaust system shall be $150.

6. The fee for each incinerator shall be $425.

7. The fee for each crematorium shall be $425.

8. The fee for each sprinkler system water main shall be $200.

9. The fee for each fire pump shall be $200.

10. The fee for each jockey pump shall be $75.

11. The fee for each chimney liner and stack shall be $75.

12. The fee for a commercial clothes dryer, commercial water heater, or commercial grill shall be $100.

13. The fee for abandonment or removal of a fuel tank shall be $125.

14. The fee for the installation of a fuel tank shall be $125.

15. The minimum fee for a permit issued pursuant to Subsection (b)(2)d shall be $75.

(3) Certificates and other permits. The fees are as follows:

a. The fee for a demolition permit shall be $1,500 for a one- and two-family structure (Use Group R-3, R-4 or R-5 of the building code), and $2,000 for all other use groups. The fee for a demolition permit shall be $120 for a detached garage or structure.

[Amended 11-1-2016 by G.O. No. 2068]

b. The fee for a permit to construct a sign shall be in the amount of $1.20 per square foot surface area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $65.

c. The fee for a certificate of occupancy shall be in the amount of 10% of the new construction permit fee that would be charged by the enforcing agency pursuant to these regulations. The minimum fee shall be $120, except for one- or two-family residences (Use Group R-3, R-4, or R-5 of the building subcode) of less than 5,000 square feet in area and less than 30 feet in height, for which the minimum fee shall be $150. Residential additions shall pay a certificate of occupancy fee of $125.

d. The fee for a certificate of occupancy granted pursuant to a change of use group shall be $200.

e. The fee for a certificate of continued occupancy shall be $200.

f. There shall be no fee for a certificate of approval issued pursuant to N.J.A.C. 5:23-2.23(b).

g. There shall be a fee for renewal of a temporary certificate of occupancy of $30.

h. The fee for plan review of building for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode shall be $274 for one- and two-family residences (Use Group R-3, R-4, and R-5 of the building subcode), and for light commercial structures having an indoor temperature controlled from a single point, and $1,369 for all other structures.

i. The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $594 for Class 1 structures and $120 for Class 2 and Class 3 structures. The fee for resubmission of an application for a variation shall be $229 for Class 1 structures and $65 for Class 2 and Class 3 structures.

j. The fee for a lead abatement clearance certificate shall be $28.

(c) Administrative surcharge.

(1) The administrative surcharge to be added to subcode fees for private on-site inspections and plan review services, furnished under contract, shall be 15%.

(d) A State of New Jersey training fee surcharge shall be charged per N.J.A.C. 5:23-4.19.

(e) Disability access improvements.

(1) 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 one-family or two-family private residential structure or any of the facilities contained therein.

(2) A disabled person 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 provided the living unit is a one-family or two-family private residential structure.

(3) For 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 limited to, any resident of this state 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 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this definition, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields 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.

§ 8-4 Fire limits.

[G.O. No. 1184, § 4; G.O. No. 1340, § 1]

The following fire limits are established pursuant to the New Jersey Administrative Code, Section 5:23.

All that part or portion of the Town laid out and established as the B-1 (central business), B-2 (retail and wholesale business), C (commercial), and I (industrial park and office), zone districts under an ordinance commonly known as the Land Use Ordinance of the Town heretofore adopted, amended and supplemented, or as may hereafter be amended and supplemented.