[1]
Editor's Note: N.J.S.A. 52:27D-119 et seq. provides for the enforcement of uniform construction codes by the municipalities.
[1979 Code § 16-1.1; Ord. No. 18-145 § 1; Ord. No. 53-52 § 1]
a. 
Establishment and Composition. There is hereby established a State Uniform Construction Code division, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection 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 Official shall be the chief administrator of the enforcing agency.
b. 
Qualifications. Each official position created in paragraph a hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and N.J.A.C. 5:23. More than one (1) such official position may be held by the same person, provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.
c. 
Location. The public shall have the right to do business with the enforcing agency at one (1) office location except for emergencies and unforeseen or unavoidable circumstances.
d. 
The Council may appoint a Secretary for the Board, to be compensated on an as need basis at an hourly rate to be established by the Municipal Salary Ordinance.
[1979 Code § 16-1.2; Ord. No. 18-145 § 2]
a. 
Establishment and Composition. There is hereby established a Construction Board of Appeals to hear appeals from decisions by the enforcing agency. Such Board shall consist of five (5) members. At least one (1) Board member shall be a registered architect or licensed professional engineer of building construction experience, and at least one (1) Board member shall be as qualified as a plumbing subcode official, and one (1) as qualified as an electrical subcode official. No more than two (2) Board members shall be selected from the same business or profession. Each Board member shall have at least three (3) years experience in construction, design or supervision as a licensed engineer or registered architect; or, in the alternative, five (5) years experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education; or, as a further alternative, ten (10) years experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
b. 
Appointments; Terms; Vacancies. The Council shall appoint the Board members and any alternate members. For the members first appointed, the Council shall designate the appointees' terms so that one (1) shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, and two (2) for a term of four (4) years. At the expiration of such terms and thereafter, appointments shall be made for terms of four (4) years. Vacancies shall be filled for the unexpired term.
The Council shall appoint such number of alternates, as may be appropriate, for terms not to exceed four (4) years; or may, in the alternative, appoint alternates on a case by case basis.
c. 
Restriction on Membership. 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.
[1979 Code §§ 23-3.2, 16-2.1; Ord. No. 20-203 § 1; Ord. No. 24-68; Ord. No. 24-75; Ord. No. 26-42 § 1; Ord. No. 28-48 § 1; Ord. No. 29-2 § 1; Ord. No. 30-16 § 1; Ord. No. 31-27 § 1; Ord. No. 32-27 § 1; Ord. No. 33-46; Ord. No. 34-35; Ord. No. 35-7; Ord. No. 36-15; Ord. No. 36-23; Ord. No. 37-36; Ord. No. 39-37; Ord. No. 41-19 § 1; Ord. No. 43-17 § 1; Ord. No. 46-44 § 1; Ord. No. 48-26 § 1; Ord. No. 50-10 § 1; Ord. No. 52-17 § 1; Ord. No. 53-18 § 1; Ord. No. 56-18; Ord. No. 56-30; Ord. No. 58-41; Ord. No. 59-38; Ord. No. 62-20; Ord. No. 62-37]
As per N.J.A.C. 5:23-4.17(a) Fees may be rounded to the nearest dollar amount.
a. 
New Jersey State Permit Fees. Per N.J.A.C. 5:23-4.19(b) the fee shall be in the amount of $0.00371 per cubic foot volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $1.90 per $1,000 of value of construction.
b. 
Administrative.
Variation Application (For each section to be appealed)
$100
Certificate of Occupancy — One Family Dwelling
$100
Certificate of Occupancy — Two Family Dwelling
$200
Certificate of Occupancy - All other uses
$200 per use or structure
Certificate of Continued Occupancy (All Subcodes, U.C.C.)
$200 per use or structure
Construction Board of Appeals
$100
Minimum Fee* Per Technical Section
$70
Maximum Fees (All Subcodes)
$999,999
c. 
Removal of asbestos shall be based on fees set forth in N.J.A.C. 5:23-8.9 of the Uniform Construction Code.
d. 
Lead abatement shall be based on fees set forth in N.J.A.C. 5:23-4.20(c)3.ix.
e. 
As permitted under N.J.S.A. 52:27D-126b, the fees shall be waived for any work performed under Neighborhood Preservation, Fair Housing Act, N.J.S.A. 52:27D-301.
f. 
As permitted under N.J.S.A. 52:27D-126e, 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 the handicapped an existing public or private structure or any of the facilities contained therein. Handicapped person as used herein shall be defined as per N.J.S.A. 52-27D-126e or the State Uniform Construction Code.
g. 
(Reserved)
h. 
Building Subcode Fees:
1. 
Plan Review. Twenty percent of amount charged for new construction permit.
2. 
New Construction and Additions:
Bulk Storage Tanks
$0.0050 per cubic foot
The fee for replacing existing tankage for environmental enhancement purposes shall be 20% of fees above ($0.0050).
Assembly, Educational, High Hazard, Institutional Uses
$0.025 per cubic foot
Business, Factory & Industrial, Mercantile, Residential, and Storage Uses
$0.02 per cubic foot
3. 
Renovations, Alterations, and Repairs:
Based on Estimated Cost (for the purpose of determining estimated cost, the applicant shall submit to the Department cost data produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor.)
$25 per $1,000 of estimated cost, up to but not exceeding $50,000 - add additional fee of:
$20 per $1,000 of estimated cost, up to but not exceeding $100,000 - add additional fee of:
$15 per $1,000 cost over $100,000 of estimated cost.
3(a). 
Renovations, alterations, and repairs mandated by the City of Linden for the purpose of remodeling the facade or signage of properties in the Special Improvement District (S.I.D.) shall be exempt from local fees.
4. 
Use Group R-3 and R-5 (Residential One and Two Family):
Roofing: No Fee
Siding: No Fee
4(a). 
All other use groups: Same as paragraph 3 above.
5. 
Premanufactured sheds over 200 sq. ft. or 10 ft. in height: $100.
6. 
Above ground swimming pools: $70.
(a) 
In ground Pools: $200.
7. 
Temporary Construction Trailers: $100.
8. 
Combination of Renovations and Additions:
Sum of fees computed separately in accordance with work being done.
9. 
Demolition/Removal:
Residential Porches, Garages and Accessory Use: $100 each structure
Residential Structures: $200 each structure
Commercial or Industrial Structures: $400 each structure
10. 
Tank Installation-Residential and Commercial Heating Oil Tanks:
Under 2,000 gallons: $100
Over 2,001 gallons: $200
11. 
Moving of Buildings:
Same as for Renovations, Alterations and Repairs.
12. 
Signs:
For each square foot of exposed face area: $3
13. 
Reinstatement of lapsed permit for additional one (1) year:
Reinstatement of a lapsed permit in the same code cycle - 50% of original fee. Reinstatement of a lapsed permit in a new code cycle will be based on 100% of current fee schedule.
i. 
Plumbing Subcode Fees:
Plumbing Fixtures and Equipment:
1. Vent Stacks
$20
2. Water Closets/Urinals/Bidets
$20
3. Lavatories
$20
4. Bathtubs
$20
5. Showers/Floor Drains
$20
6. Kitchen Sinks/Sinks
$20
7. Dishwashers/Garbage Disposal
$20
8. Gas Cooking Stove
$20
9. Gas Barbecue Cooker
$20
10. Laundry Trays
$20
11. Washing Machines/Standpipes
$20
12. Gas Dryer
$20
13. Sump Pump
$20
14. Service Sinks
$20
15. Hose Bibbs
$20
16. Drinking Fountains
$20
17. Roof Drains/Yard Drains
$20
18. Indirect Connections
$20
19. Backflow Devices/Vacuum Breakers (Residential)
$20
20. Backflow Devices/Vacuum Breakers (Commercial/Industrial)
$70
21. Reduce Pressure Backflow Devices
$70
22. Hot Water Heaters/Tankless/Storage Tanks
$20
23. Gas Appliances/Appurtenances/Gas Piping Outlets (Per Outlet)
$20
24. Gas Heating Units/Equipment (Space Heater)-Radiant Heater
$20
25. Boilers/Furnaces/Steam Boilers
$85
26. Water Cooled Air Conditioning Units/Refrigeration Units
$85
27. Water Service/Water Distribution Lines
$85
28. Building Sewers/Drains/Waste/Vent
$85
29. Sewer Demolition
$85
30. Water Service Capping
$85
31. Storm Sewers
$70
32. Oil Interceptors
$70
33. Grease Interceptors
$70
34. Sewage Ejector
$70
35. Private Sewer Systems (Holding Tanks)
$70
36. Special Devices
$70
37. Reintroduction of gas
$70
38. Liquefied Petroleum Gases Installation
$70
39. Pool Heaters
$70
40. Trap Primers
$20
41. The fee for annual testing and Certificate of Compliance for cross connection and back flow preventers as required by N.J.A.C. 5:23-2.23(k)4
$70
42. In ground pool drains (center drains) and vacuum release
$70
43. Rooftop units 1-5 ton
$70
6-20 ton
$90
Over 20 ton
$105
44. Chillers/cooling towers
$105
45. Chimney liner
$75
46. Minimum Fee
$70
47. Emergency Generators
$75
48. Air Admittance Valves (A.A.V's)
$20
49. Combination Boilers w/Domestic Hot Water
$120
j. 
Electrical Subcode Fees:
1. 
For the purpose of computing these fees, devices, outlets, fixtures, and shall include but not limited to burglar alarms, intercom panels, smoke detectors, thermostats, motors - fractional horsepower less or equal to one (1) horsepower, photocells, level probes, temperature sensors and similar items:
For the first 20 devices:: $75
Each additional one: $1
2. 
For the purpose of computing these fees the term service, service panel, sub-panels, feeders, switches, switchboards, motor control centers, alarm panels, signs, and similar items:
Up to 100 amps: $75
101 amps to 200 amps: $125
201 amps to 400 amps: $350
401 amps and over: $575
3. 
For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted, including ranges, ovens, surface units, dryers, air conditioning units, water heater, central heat (oil, gas, electric), baseboard heat units, generators, transformers or other devices consuming or generating electrical current:
Motors and electrical devices over 1-10 kw or hp: $45
  10-50 kw or hp: $100
  50-100 kw or hp: $225
  Over 100 kw or hp: $575
  Each increment of 50 kw or hp or part thereof after 501 add $50
Transformers and generators over 1-10 kw: $45
  10-50 kw: $100
  50-100 kw: $225
  Over 100 kw: $575
  Each increment of 50 kw or part thereof after 501 add $50
4. 
Pools, fountains and similar installations:
Above ground - includes bonding and motor/spa/hot tub/fountains: $75
Below ground - includes bonding and motor: $225
5. 
Reintroduction of power: $75
6. 
The fee for annual testing and Certification of Compliance as required by N.J.A.C 5:23-2.23(k)5 for swimming pools, spas and hot tubs shall be: $250
k. 
Fire Subcode Protection Fees:
1. 
Sprinklers: Wet and dry heads
1-20: $120
21-100: $170
101-200: $300
201-400: $700
401 and over: $1,200
Sprinkler Valves-Alarm, preaction, drypipe, backflow: $100
2. 
Fire Alarm: Initiating and Signaling Devices
Control Panels
1-10
$75
Duct Detectors
11-20
$150
Horn Alarms
21 and over
$250
Strobes
Pull Stations
Smoke Detector
Heat Detectors
3. 
Premanufactured Engineered Systems (including CO2, Halon, Dry and Wet Chemical): and Fire Pumps: $100
4. 
Foam Suppression System: $200
5. 
Stand Pipes: each standard pipe: $250
6. 
Incinerators and crematoriums: $400
7. 
Kitchen Hood Exhaust Systems: $100
8. 
Windowless Basement Alarm System: $100
9. 
Chimneys and vents: $75
10. 
Oil and gas fired appliances that are not connected to the Plumbing system (Furnaces, fire places and stoves): $75
11. 
Hydrant installation or relocation: $100
12. 
Fuel Dispensing Operation: $100
13. 
Fire Water Line Service: $100
14. 
Removal/Abandonment Residential Heating Oil Tanks and Commercial Heating Oil tanks (under 2,001 gallons): $100
l. 
Elevator Subcode Fees. Administered by the Department of Community Affairs, N.J.A.C. 5:23-12.1, Elevator Safety Subcode.
m. 
Mechanical Fees:
1. 
The installation of mechanical systems in one or two family dwellings, the fee shall be:
(A) 
Electrical Tec. Section always required: $70
(B) 
Systems not connected to the plumbing system: $70
(C) 
Systems connected to the plumbing system require Plumbing Tec. Section: $70
[Ord. No. 41-18 § 1]
Certificate of Continued Occupancy (Local): $100
[Ord. No. 60-21; Ord. No. 60-35]
a. 
Plan Review Fee. Twenty-Five (25%) percent of amount charged for new permits in accordance with N.J.A.C. 5-23-4.18(b)1. Said amount is non-refundable in the event the permit is cancelled for any reason.
b. 
The Plan Review Fee is applicable to all permits where plan review is needed and will be subject to said fee in the event of a cancelation of said permit, for any reason, once a plan review has been performed.
[1979 Code § 16-2.2; Ord. No. 19-2.3; New]
On or before February 10 of each year, in a municipality that budgets according to the calendar year (January 1 to December 31) the Construction Official shall, with the advice of the Subcode Officials and in consultation with the Municipal Finance Officer, prepare and submit to the Governing Body a report detailing the receipts and expenditures of the enforcing agency and indicating his recommendations for a fee schedule, based on the operating expense of the agency.
[1979 Code § 16-2.3]
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee as provided in subsection 10-2.1. Such surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31, and June 30, and not later than one (1) month next succeeding the end of the quarter for which it is due. In the fiscal year in which the Regulations first become effective, such fee shall be collected and remitted for the third and fourth quarters only.
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, such report shall be for the third and fourth quarters only.
[1979 Code § 16-4.1]
The fire limits shall comprise the R-1a Single Family fifty (50) feet; R-1b Single Family forty (40) feet; R-2a Two (2) Family fifty (50) feet; R-2b Two (2) Family forty (40) feet; C-1, Limited Retail-Specialized Manufacturing District; R-3 Apartment; C-1 Central Business District; C-2 Retail Commercial; LI Light Industrial; LI-A Light Industrial; O.P.T. Office Professional Transition; and the R.O.C. Residential Office Commercial zones.
[1979 Code § 16-4.2]
Outside fire limits shall be comprised of all the heavy industrial district.
[1979 Code § 16-5.1]
The owner of any sign shall submit to the City a certificate of insurance with coverage at least in an amount of $10,000, and $20,000 for liability and $5,000 for property damage.
[1979 Code § 16-5.2]
The owner or person to whom a permit has been issued to wreck or demolish a building shall provide a bond in the amount of $1,000 which shall require the completion of the work, the clearing and filling in of the site, and which will protect and indemnify the City against loss or damage.
[1979 Code § 16-5.3]
The owner of a building to be moved shall furnish a bond in the amount of $1,000 which shall require the completion of the work and the restoration of the site and protect and indemnify the City against loss or damage.