[HISTORY: Adopted by the Mayor and Council of the Borough
of Emerson 12-15-2009 by Ord. No. 1391.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 132,
Construction Codes, Uniform, adopted 12-28-1976 by Ord. No. 669 (Ch.
29 of the 1966 Code), as amended.
A.
There is hereby established in Emerson a State Uniform Construction
Code Enforcing Agency, to be known as the "Emerson Enforcing Agency,"
consisting of a Construction Code Official, Building Subcode Official,
Plumbing Subcode Official, Electrical Subcode Official, Fire 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 Code Official shall be the chief
administrator of the Enforcing Agency.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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. The central location shall be the Borough
Hall.
D.
Waiver;
exemption from fees for improvements to aid disabled persons. No person
shall be charged a local construction permit 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 11-9-2010 by Ord. No. 1416]
(1)
BLINDNESS
DISABLED PERSON
Definitions.
As used this subsection, the following terms shall have the meanings
indicated:
Central visual acuity of 20/200 or less in the better eye
with the use of 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.
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 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' Administration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
No
person shall be charged a construction, dumpster, soil-moving or zoning
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 residential structure.
[Amended 8-2-2011 by Ord. No. 1429]
(3)
A disabled
person, or a parent or sibling of a disabled person, shall not be
required to pay a fee or charge in order to secure a construction
permit for any construction, reconstruction, alteration or improvement
which promotes accessibility to his own living unit.
[Amended 8-2-2011 by Ord. No. 1429; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Appeal.
The waiver of construction permit fees for a medically handicapped
or disabled person pursuant to the above-captioned federal acts of
this section shall be at the sole discretion of the Construction Code
Official. This waiver shall not apply to whole-house reconstruction
or new-home construction. Those who may be denied a waiver of permit
fees to promote accessibility by a disabled person to an existing
structure by the Construction Code Official may appeal to the Mayor
and Council in writing within 30 days of the denial.
The Borough of Emerson shall use the Bergen County Construction
Board of Appeals pursuant to Chapter 217 of the Laws of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[Amended 3-19-2019 by Ord. No. 1587-19; 5-7-2019 by Ord. No. 1591-19; 12-17-2019 by Ord. No. 1603-19]
A.
The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A(1) through (6) of this section and shall be paid before the permit is issued.
(1)
Building subcode fees. Minimum fee residential
R3/R5: $75. All other uses and commercial: $125.
(b)
Alterations, repairs, renovations,
reconstruction and change of use:
[1]
Per $1,000 of estimated cost: $30.
(d)
State surcharge: calculated upon
current state fees, N.J.A.C. 5:23-4.19(b).
(e)
Lead hazard abatement with certificate
of clearance: $145.
(f)
Asbestos abatement with administrative
certificate: $160.
(i)
Change of contractor: $35 plus any
additional items or cost.
(j)
Plan review fee: 20% of the anticipated
permit fee which is nonrefundable.
(k)
DCA training fees are nonrefundable.
(l)
Reinstatement of lapsed permit fee:
80% of original fee.
(m)
Certificate of continued occupancy:
UCC, applicant requested:
[1]
General visual inspection by all
subcode officials: $125 per subcode.
(w)
Certificate of compliance, annual
inspection for public swimming pools, spas and hot tubs: $150.
(x)
Special inspection fee request, for
emergency/extraordinary situations:
[1]
Special inspection fees. Any person,
partnership or corporation who requests and obtains a required code
inspection either before or after regular Building Department hours
of business or on holidays and weekends shall be required to pay,
in addition to any established permit and certificate fees, the current
contractual hourly compensation rate (1 1/2 times their normal hourly
salary) for the Code Officials performing the inspections, plus an
administrative surcharge of 20% of said calculated amount. Said fee
shall be calculated and based on the amount of time required for said
inspections with payment for a minimum inspection time of no less
than two hours with the calculated surcharge.
(2)
Electrical subcode fees. Minimum fee residential
R3/R5: $75. All other uses and commercial: $125.
(3)
Plumbing subcode fees. Minimum fee residential
R/3/R5: $75. All other uses and commercial: $125.
(a)
Water closet/toilet/urinals/bidets:
$25.
(b)
Bathtub: $25.
(c)
Lavatory/sink: $25.
(d)
Shower: $25.
(e)
Floor drain: $25.
(f)
Dishwasher, drinking fountain/water
cooler: $25.
(g)
Washing machine: $25.
(h)
Hose bib: $25.
(i)
Stacks: $25.
(k)
Fuel oil piping: $75.
(l)
Gas piping: $25 per connection.
(n)
Sewer pump/ejector: $75.
(o)
Interceptor/separators: $75.
(q)
Grease trap: $100.
(t)
Refrigerant unit: $75.
(v)
Garbage disposal or indirect connection:
$25.
(w)
Humidifier or condensate line/drain:
$25.
(x)
Roof drain: $50.
(y)
Water softener: $75.
(aa)
Annual testing of commercial backflow
devices: $50 per device.
(4)
Fire protection subcode fees. Minimum fee
residential R3/R5: $75. All other uses and commercial: $125.
(d)
Stand pipes: $500.
(e)
Kitchen hood exhaust system: $300.
(g)
Smoke control systems: $750.
(h)
Gas- or oil-fired appliance: $75.
(i)
Fireplaces: $75.
(j)
(m)
Emergency lights and exit signs,
each: $10.
(5)
Mechanical subcode fees.
(a)
R3/R5 structure/use group minimum
fee: $75.
[1]
Water heater or water storage tank:
$75.
[2]
Fuel oil piping connections: $75.
[3]
Gas piping connections: $25 per connection.
[4]
Steam boiler with backflow: $130.
[5]
Hot-water boiler with backflow: $130.
[6]
Hot-air furnace: $100.
[7]
Oil tank and piping: $100.
[8]
LPG tank: $100.
[9]
Fireplace: $75.
[10]
Generator: $100.
[11]
Hydronic piping: $75.
[12]
Radiant heat piping: $75.
[13]
Chimney liner: $100.
[14]
Wood stove or fireplace: $75.
[15]
A/C units, coils and condensers:
$75.
(6)
Elevator subcode fees. One hundred percent
of state fees and subject to change by the state pursuant to N.J.A.C.
5:23-12.6 plus 20% administrative fee.
This chapter shall take effect on January 4, 2010.