Borough of Emerson, NJ Chapter 132 Construction Codes, Uniform

[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[1] Editor's Note: This ordinance also repealed former Ch. 132, Construction Codes, Uniform, adopted 12-28-1976 by Ord.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.

§ 132-1 Enforcing agency established; subcode officials designated; waiver of fees.

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) Definitions. As used this subsection, the following terms shall have the meanings indicated:

BLINDNESS

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.

DISABLED PERSON

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.

§ 132-2 Board of Appeals.

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.

§ 132-3 Fees.

[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.

(a) New construction or additions:

[1] Per cubic foot of volume: $0.050.

[2] Minimum fee (principal building): $950.

[3] Minimum fee (accessory building): $950.

(b) Alterations, repairs, renovations, reconstruction and change of use:

[1] Per $1,000 of estimated cost: $30.

(c) Demolition:

[1] Residential.

[a] Principal building: $850.

[b] Accessory structure: $300.

[2] Nonresidential/mixed use.

[a] Principal: $950.

[b] Accessory structure: $400.

(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.

(g) Certificate of occupancy: U.C.C.

[1] Residential (new construction or rehabilitation): $150.

[2] Nonresidential: $250.

(h) Temporary certificate of occupancy: UCC, $39.

[1] Initial issuance of TCO: no fee if CO is paid up front.

[2] Each subsequent renewal and request for certificate of occupancy: $30.

(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.

(n) Uniform construction code variations:

[1] Residential: $150.

[2] Commercial/mixed use: $300.

(o) Retaining walls: plus zoning review fee.

[1] Under four feet in height, zoning permit: $50.

[2] Over four feet in height, per $1,000 of estimated cost: $30.

(p) Pool fence/barrier or fence over six feet high:

[1] Per $1,000 of estimated cost: $30.

(q) Swimming pool: building permit only, does not include fence/barrier; permit also requires zoning review fee.

[1] Aboveground: $200.

[2] Semi-in-ground: $500; also requires soil movement permit.

[3] In-ground, per $1,000 of estimated cost: $30; also requires soil permit.

(r) Signs, plus zoning review fee:

[1] Up to 24 square feet: $85 per sign.

[2] Twenty-five to 50 square feet: $150 per sign.

[3] Fifty square feet and above: $150 per sign.

[4] Freestanding sign: $300 two-sided.

(s) Trailers used for construction offices and storage, plus zoning review fee:

[1] Residential: $100 each.

[2] Nonresidential/mixed use: $300 each.

(t) Temporary tents:

[1] Over 900 square feet or 30 feet of length in one direction: $200.

(u) Storage tanks in gallons per installation:

[1] Up to 330: $175.

[2] Three hundred thirty-one to 660: $250.

[3] Six hundred sixty-one to 1,000: $400.

[4] One thousand one to 5,000: $800.

[5] Five thousand one or more: $1,500.

(v) Tank demolition, per tank:

[1] Residential: $125.

[2] All other uses and commercial: $200.

(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.

(a) Receptacles and fixtures (lighting fixtures, receptacles, switches, detectors, light poles, motors: fractional horsepower, emergency and exit lights, communication points and alarm devices/fire alarm control panel):

[1] One to 25 units: $75.

[2] Each additional 25 or fraction thereof: $30.

(b) Motors and electrical devices over one HP up to:

[1] One horsepower to 10 horsepower: $75.

[2] From 11 horsepower to 50 horsepower: $150.

[3] From 51 horsepower to 100 horsepower: $300.

[4] Greater than 101 horsepower: $450.

(c) Transformers and generators over one KW up to:

[1] One kilowatt to 10 kilowatts: $75.

[2] Over 11 kilowatts to 45 kilowatts: $150.

[3] Over 46 kilowatts to 112.5 kilowatts: $300.

[4] Over 112.5 kilowatts: $450.

(d) Service panels, entrances and subpanels:

[1] Less than or equal to 200 amps: $100.

[2] Two hundred one amps or equal to 400 amps: $300.

[3] Four hundred one amps or equal to 1,200 amps: $640.

[4] Over 1,201 amps: $1,000.

[5] Additional meters included in service: $75.

(e) Appliances (equipment appliances, including electrical range oven, dishwasher, dryer, water heater, boiler, furnace, baseboard heat, space heaters, transfer switches, or any other fixed or plug-in appliance) each:

[1] One kilowatt to 10 kilowatts: $40.

[2] Over 10 kilowatts: $75.

(f) Air-conditioning units (disconnect, compress/condenser and air handler):

[1] Each: $75.

[2] Replacement of any system part: $50.

(g) Burglar alarm system (complete): $75.

(h) Hydromassage tub (interior whirlpool tub/spa): $50.

(i) Swimming pools (includes, receptacle, switch, trench, bonding and equipotential bonding matt):

[1] Aboveground: $100.

[2] Semi-in-ground: $150.

[3] In-ground: $300.

[4] Light, each: $50.

(j) Hot tub or spa (exterior): $150.

(k) Certificate of compliance, (annual inspection for public swimming pools, spas and hot tubs): $150.

(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.

(j) Water heater:

[1] Residential: $75.

[2] Commercial: $125.

(k) Fuel oil piping: $75.

(l) Gas piping: $25 per connection.

(m) Steam/hot water boiler/furnace:

[1] Residential: $75.

[2] Commercial: $125.

(n) Sewer pump/ejector: $75.

(o) Interceptor/separators: $75.

(p) Backflow preventer:

[1] Residential: $75.

[2] Commercial with test ports: $125.

(q) Grease trap: $100.

(r) Sewer connection/replace/repair:

[1] Residential: $75.

[2] Commercial: $100.

(s) Water service connection:

[1] Two-inch or less: $65.

[2] Over two-inch: $100.

(t) Refrigerant unit: $75.

(u) Solar photovoltaic systems:

[1] One to 50 kilowatts: $65.

[2] Fifty-one to 100 kilowatts: $129.

[3] Greater than 100 kilowatts: $640.

(v) Garbage disposal or indirect connection: $25.

(w) Humidifier or condensate line/drain: $25.

(x) Roof drain: $50.

(y) Water softener: $75.

(z) Swimming pool:

[1] Aboveground: $75.

[2] Semi-in-ground: $100.

[3] In-ground: $150.

(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.

(a) Installation of flammable/combustible/liquid storage tanks:

[1] Up to 350 gallons: $100.

[2] Over 350 gallons to 1,000 gallons: $150.

[3] Over 1,000 gallons to 5,000 gallons: $350.

[4] Over 5,000 gallons to 10,000 gallons: $750.

[5] Over 10,000 gallons: $1,500.

(b) Supervisory/signaling devices (smoke, heat, carbon monoxide, pull stations, water flow, tampers, low/high air, horn/strobes and bells) each:

[1] One through six: $75.

[2] Each additional device: $10.

(c) Wet and dry sprinkler heads:

[1] One through 19: $200.

[2] Twenty through 100: $400.

[3] One hundred one through 200: $600.

[4] Two hundred one through 400: $800.

[5] Four hundred one through 1,000: $1,500.

[6] Over 1,000: $2,000.

(d) Stand pipes: $500.

(e) Kitchen hood exhaust system: $300.

(f) Pre-engineered systems:

[1] Wet chemical: $250.

[2] Dry chemical: $250.

[3] CO2 suppression: $250.

[4] Foam suppression: $250.

[5] FM200 suppression: $250.

(g) Smoke control systems: $750.

(h) Gas- or oil-fired appliance: $75.

(i) Fireplaces: $75.

(j) Fire sprinkler component fee costs in addition to sprinkler heads:

[1] Hydraulic calculations, alterations to pipe schedule plan review: $100.

[2] Dry pipe alarm, pre-action and similar devices: $100.

[3] Supervisory devices, each: $30.

[4] Water service for fire line:

[a] Up to two-inch: $200.

[b] Two-and-one-half to five-inch: $400.

[c] Six-inch or larger: $600.

[5] Fire pump: $1,000.

(k) Fire alarm system components fees in addition to alarm devices:

[1] Fire alarm panel, new installation or replacement: $100.

[2] Fire alarm system security and other devices (i.e., door locks, electromagnetic releases, hold-open devices, elevator control valves and floor control valves): $15 each.

(l) Metal chimney or liners:

[1] R3/R5, each: $75.

[2] Mixed use/commercial: $150.

(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.

§ 132-4 Effective date.

This chapter shall take effect on January 4, 2010.