Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
There is hereby established in the Township of Pequannock a State Uniform Construction Code enforcing agency, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and 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 for the enforcement of the State Uniform Construction Code and shall be within the Township Department of Planning and Building. All other subcode officials or other Township employees or on-site inspection services responsible for the enforcement of the Uniform Construction Code within the Township shall be employees of the Department of Planning and Building.
Each official position created in 64-1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, 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.
The public shall have the right to do business with the enforcing agency at one office location within the Township except for emergencies and unforeseen or unavoidable circumstances. The Construction Official and all subcode officials shall have regular office hours, the schedule of which shall be made public and shall be posted with the Township Clerk.
[Amended 11-28-2000 by Ord. No. 2000-25; 6-22-2004 by Ord. No. 2004-22; 11-23-2004 by Ord. No. 2004-34; 10-27-2009 by Ord. No. 2009-22; 4-24-2012 by Ord. No. 2012-06; 5-23-2017 by Ord. No. 2017-06]
There is hereby established the following fee schedule adopted pursuant to the State Uniform Construction Code.
A. 
Plan review fee. The fee for plan review shall be 20% of the amount to be charged for a new construction permit. Plan review fees are non-refundable.
B. 
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, 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 covering any or all of building, plumbing, electrical or fire protection work shall be $50.
C. 
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 $0.045 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 sub-code; except that the fee shall be $0.030 per cubic foot of volume for Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2, and there shall be $0.015 per cubic foot for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d) used exclusively for the storage of food or grain or the sheltering of livestock with the maximum fee for such structures on farms not to exceed $1,443.
(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 $26 per $1,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $22 per $1,000 of the estimated cost above $50,000. Above $100,000 the additional fee shall be in the amount of $20 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.
(3) 
Fees for additions shall be based upon the volume of the addition. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The construction fee shall be in the amount of $0.055 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 sub-code; except that the fee shall be $0.040 per cubic foot of volume for Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2, and there shall be $0.025 per cubic foot for structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2 (d) used exclusively for the storage of food or grain or the sheltering of livestock with the maximum fee for such structures on farms not to exceed $1,443.
(4) 
Fees for a combination of renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection C(2) and C(3).
(5) 
The fee for tents, in excess of 900 square feet or more than 30 feet in any dimension, shall be $116.
(6) 
The fee for residential roofing and siding shall be based upon estimated cost of work, $18 per thousand.
(7) 
The fee for an above-ground swimming pool shall be $100. The fee for an in-ground swimming pool shall be $189.
(8) 
Fees for retaining walls shall be as follows:
(a) 
The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $189;
(b) 
The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $95;
(c) 
The fee for a newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the cost of the construction as per C(2) above.
(9) 
The fee for the removal or abandonment of residential storage tanks shall be $75.
(10) 
The fee for the removal or abandonment of nonresidential storage tanks shall be $200.
(11) 
The minimum building subcode fee shall be $50.
D. 
Plumbing fixtures and equipment. For the purpose of computing fees:
(1) 
Plumbing fixture 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, hose bibs and similar fixtures.
(2) 
Plumbing appurtenances shall include, but not be limited to devices, a manufactured device, or an on-the-job assembly of component parts, which is 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.
(3) 
Plumbing appliances shall include but not be limited to hot-water heaters, tankless heaters, heat exchangers, water storage tanks, solar panels, water pressure-booster systems, sump pumps, dishwashers, ice makers, instant hot water coils, sewerage ejectors, garbage disposal units, sterilizers, aspirators, water-cooled air-conditioning units, water conditioners and similar equipment.
(4) 
The fee for the installation or the replacement of a plumbing fixture shall be $15 for each plumbing fixture.
(5) 
The fee for the installation or replacement of a plumbing appurtenance and/or special device shall be $85 per each plumbing appurtenance and/or special device. Exception: The fee for backflow preventers that do not require ongoing inspections shall be $15. For cross-connections and backflow preventers that are subject to testing, requiring reinspection every three months, the fee shall be $75 for each device when they are tested (thrice annually) and $100 for each device when they are broken down and tested (once annually).
(6) 
The fee for the installation or replacement of a plumbing appliance shall be $45. Exception: when installed in Use Groups R-3 and R-4 in new construction or a complete renovation that is not considered an ordinary repair, the fee for dishwashers, ice makers and instant hot water coils shall be $15.
(7) 
The fee for the installation of a house or building, sewer and/or a water service pipe shall be $75.
(8) 
The fee for the installation or replacement of subsoil drains shall be $35.
(9) 
The fee for the removal or abandonment in place of a sewerage disposal system and/or septic tank shall be $35.
(10) 
The fee for the installation or replacement of roof drains and/or area drains shall be $35 per drain.
(11) 
The fee for gas piping shall be $15 per each gas appliance connection.
(12) 
The fee for the installation or replacement of oil lines and/or oil tank piping shall be $45.
(13) 
The minimum plumbing subcode fee shall be $50.
E. 
Electrical fixtures and devices. The fees shall be as follows:
(1) 
From one to 50 receptacles or fixtures, the fee shall be in the amount of $50; for each 20 receptacles or fixtures in addition to this, the fee shall be in the amount of $15. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixture and motors or devices of less than one horsepower or one kilowatt.
(2) 
For each motor or electrical device one horsepower or greater than one horsepower and less than or equal to 10 horsepower, and for transformers and generators one kilowatt or greater than one kilowatt and less than or equal to 10 kilowatts the fee shall be $15.
(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 $65.
(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, the fee shall be $116.
(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 $576.
(6) 
For the purpose of computing these fees, all motors except these in plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.
(7) 
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $95, which shall include any required bonding, and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panelboards and underwater lighting fixtures. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with E(1) through (5) above.
(8) 
The fee charged for the installation of single and multiple station smoke or heat detectors and fire, burglar or security alarm systems in any one or two-family dwelling shall be a flat fee of $29 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one or two-family dwellings, the fee shall be charged in accordance with E(1) and (2) above.
(9) 
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual load side panel boards shall be charged in accordance with E(3), (4) or (5) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(10) 
For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation or individual circuit components, for example, controllers, starters, and disconnecting means.
(11) 
For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder as follows:
(a) 
225 amperes or less, the fee shall be $58;
(b) 
226 to 1,000 amperes, the fee shall be $116; and
(c) 
Greater than 1,000 amperes, the fee shall be $576.
(12) 
The fee charged for process equipment shall be based on the ampere rating of the overcurrent device protecting the conductor feeding the process equipment or the cutoff device.
(13) 
For the purpose of computing these fees, all electrical and communication devices, utilization equipment and motors which are part of premises wiring, except those which are portable plug-in type, shall be counted.
(14) 
For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:
(a) 
One to 50 kilowatts, the fee shall be $58;
(b) 
Fifty-one to 100 kilowatts, the fee shall be $116; and
(c) 
Greater than 100 kilowatts shall be $576.
(15) 
The minimum electric subcode fee shall be $50.
F. 
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) 
The fee for 20 or fewer sprinkler heads shall be $82; the fee for 21 to and including 100 heads shall be $151; the fee for 101 to and including 200 heads shall be $289; the fee for 201 to and including 400 heads shall be $748; the fee for 401 to and including 1,000 heads shall be $1,036. The fee for over 1,000 heads shall be $1,323.
(2) 
The fee for 20 or fewer alarm system devices (smoke detectors, heat detectors, pull stations, water flow, tampers, low/high air, horns, strobes, bells or any other alarm system device) shall be $75; the fee for 21 to and including 100 devices shall be $125; the fee for 101 to and including 200 devices shall be $300; the fee for 201 to and including 400 devices shall be $650; the fee for 401 to and including 1,000 devices shall be $850; the fee for over 1,000 devices shall be $1,200.
(3) 
For single and multiple station smoke or heat detectors and fire alarm systems in any one or two-family dwellings, there shall be a flat fee of $50.
(4) 
The fee for each solid fuel burning appliance such as a fire place, wood stove or pellet stove shall be $75 and shall include the installation of a chimney, flue or vent.
(5) 
The fee for residential storage tank installations shall be $75 each.
(6) 
The fee for nonresidential storage tank installation shall be $200.
(7) 
The fee for each standpipe shall be $289.
(8) 
The fee for each preengineered system shall be $116.
(9) 
The fee for each gas or oil fired appliance not connected to the plumbing system shall be $58.
(10) 
The fee for each kitchen exhaust system will be $85.
(11) 
The fee for each incinerator shall be $460.
(12) 
The fee for each crematorium shall be $460.
(13) 
The minimum fire subcode fee shall be $50.
G. 
Certificates and other permits. The fees are as follows:
(1) 
The fee for a demolition or removal permit shall be $100 for a structure of less than 5,000 square feet in area and less than 30 feet in height, for one or two family residences (Use Group R-5 of the Building Subcode), structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d) used exclusively for storage of food or grain, or sheltering of livestock; and $200 per story for all other use groups.
(2) 
The fee for a mechanical inspection in a structure of Group R-3 or R-5 by a mechanical inspector shall be $54 for the first device and $13 for each additional device.
(3) 
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 $75.
(4) 
The fee for lead abatement shall be $176. The fee for lead abatement certificate shall be $35.
(5) 
The fee for asbestos abatement shall be $106. The fee for asbestos abatement certificate shall be $21.
(6) 
The fee for a radon mitigation system shall be $106. The fee for a radon mitigation certificate shall be $26.
(7) 
The fee for the annual inspection of swimming pools, spas, or hot tubs shall be $100 each.
(8) 
The fee for a partial permit to begin construction shall be $50.
(9) 
The fee for the installation of a central air conditioner shall be $50, plus the applicable electric and plumbing fees.
(10) 
The fee for fences over six feet in height or for fences which are required barriers surrounding public or private pools shall be based on the cost of construction as per C(2) above.
(11) 
The fee for temporary structures and all structures for which volume cannot be computed shall be based upon the estimated cost of work.
(12) 
The fee for a certificate of occupancy shall be in the amount of 10% of the new construction permit fee which would be charged by the enforcing agency pursuant to these regulations. The minimum fee shall be $100 except for one or two-family (Use Group R-5 of the Building Subcode) structures of less than 5,000 square feet in area and less than 30 feet in height and structures on farms, including commercial farm buildings subject to N.J.A.C. 5:23-3.2(d) used exclusively for storage of food or grain or sheltering of livestock, for which the minimum fee shall be $75.
(13) 
The fee for certificate of occupancy granted pursuant to a change of use group shall be $200.
(14) 
The fee for certificate of continued occupancy pursuant to N.J.A.C. 5:23-2.23 (e) shall be $200.
(15) 
The fee for a temporary certificate of occupancy shall be $30 (*see exception).
* Exception: There shall be no fee for the first issuance of the temporary certificate of occupancy provided the certificate of occupancy fee is paid at that time.
(16) 
There shall be no fee for a certificate of compliance issued for each elevator device inspected on a routine periodic basis.
(17) 
The fee for a change of contractor shall be $10.
(18) 
The fee for 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 $550 for all other structures.
(19) 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $150 for a Class 1 structure and $75 for a Class 2 structure and Class 3 structures. The fee for resubmitting of an application for a variation shall be $250 for Class 1 structures and $50 for Class 2 and Class 3 structures.
(20) 
The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers employed by this facility and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building/fire protection, electrical and plumbing. Fees shall be as follows:
(a) 
One to 25 workers (including foreman), $500 and each additional worker over 25, $200.
(b) 
Prior to the issuance of the annual permit, a training registration fee of $125 per subcode shall be submitted by the applicant to the Department of Community Affairs, Construction Code Element, Training Section, along with a copy of the construction permit (form F-170). Checks shall be made payable to "Treasurer, State of New Jersey."
(21) 
All fees collected pursuant to this chapter are nonrefundable.
(22) 
All suspensions of permits pursuant to N.J.A.C. 5:23-2.16 (b) will be nonrefundable in whole or in part.
(23) 
Waiver of Enforcing Agency Fees:
(a) 
No person shall be required to pay municipal or state surcharge fees pursuant to this chapter for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing structure or any facilities contained therein.
(b) 
No disabled person, parent or sibling of a disabled person shall be required to pay municipal or state surcharge fees pursuant to this chapter for any construction, reconstruction, alteration or improvement which promotes accessibility to his or her own living unit.
(c) 
For the purposes of this section "disabled person" shall be defined as a person who has the total and permanent inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment, including blindness. This shall include but not be limited to, persons disabled pursuant to the Social Security Act, Railroad Retirement Act, or by the United States Veterans Act, Blindness for the purposes of this section means central visual acuity of 20/200 or less in the better eye.
(24) 
Construction fees not specifically listed in this schedule shall be as per N.J.A.C. 5:23-4.20.
[Amended 10-27-2009 by Ord. No. 2009-22]
In order to provide for the training and certification and technical support programs required by the State Uniform Construction Code Act the enforcing agency shall collect a surcharge fee to be based upon the volume of new construction or the value of construction for other types of construction within the municipality. Said fee shall be accounted for and forwarded to the Division of Codes and Standards. The fee shall be in the amount as set forth in N.J.A.C. 5:234.19(b). For the purpose of calculating this fee, volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The municipality shall remit fees to the Division on a quarterly basis, in conjunction with report number R-84OB State Training Fee Report in accordance with N.J.A.C. 5:23-4.5(e). Fees remitted shall be for the quarter. Checks shall be made payable to "Treasurer, State of New Jersey".
[Added 9-27-2005 by Ord. No. 2005-16]
A. 
Definitions. The following words and terms are defined as follows:
CONSTRUCTION RECORDS CLEARANCE (CRC)
A certificate issued by the Township Construction Official certifying that there are no open permits or pending violations on the subject property.
B. 
When required. No building shall be occupied in whole or in part prior to the issuance of a certificate of Construction Records Clearance (CRC); A CRC shall be required prior to the sale of any residential or commercial structure and prior to the rental of any tenant space in a commercial structure within the Township.
C. 
Exceptions. The following transactions are exempt from obtaining a CRC as long as no change in physical occupancy occurs:
(1) 
Transfer of title to correct a previously recorded deed.
(2) 
Title eligible to be recorded as an ancient deed pursuant to N.J.S.A. 46:16-7.
(3) 
Transfer of title between husband and wife, whether or not relating to divorce, or between former spouses if the transfer is incident to an order or judgment from any court of competent jurisdiction.
(4) 
Transfer of title relating to new construction for which a Certificate of Occupancy is required.
(5) 
Transfer of title by or to an executor, administrator or court order, which affects a distribution of a descendant's estate in accordance with the provisions of the descendant's will or, the interstate laws of the state.
(6) 
Transfer of title due to refinancing, home equity loans, 2nd mortgages.
(7) 
Transfer of title by or to a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors.
(8) 
Residential tenants.
D. 
Responsibility. No owner shall permit the sale of a residential or commercial premises or rental of commercial premises covered under this section unless the requisite CRC has been issued. No purchaser or tenant shall occupy any premise covered under this section until the requisite CRC has been issued. Owners, tenants and occupants shall be jointly and separately responsible for failure to obtain the requisite CRC required hereunder. The owner or his authorized agent shall submit a written application and payment of fees at least 10 business days prior to the change of ownership and/or occupancy on the form provided by the Township.
E. 
Pre-occupancy records inspection. Prior to the issuance of any such certificate for any transaction, the enforcing agency shall conduct a records inspection to ensure that there are no open Construction Permits on subject premises. Should there be open permits on subject premises, all final inspections and prior approvals shall be obtained and appropriate Uniform Construction Code Certificates shall be issued prior to issuance of the CRC.
F. 
Fees. The applicant shall submit with the application fees for the CRC as follows to cover the administrative cost:
CRC: $35
G. 
Violations and penalties. Any person, firm or corporation violating any provision of this section shall, upon conviction, be punishable by a fine not exceeding $1,000, or imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days.