City of Summit, NJ
Union County
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Table of Contents
Table of Contents
[Ord. No. 1664; Ord. No. 1938 § 1; Ord. No. 2101 § 1; Ord. No. 2121 § 1; Ord. No. 2129 § 1; Ord. No. 2379 § 1; Ord. No. 2015-3092]
Editor's Note: Ordinance No. 2092 abolished the Construction Board of Appeals and provides that any person who is aggrieved by an action of the City's construction or subcode officials is entitled to use the services of the Union County Construction Board of Appeals.
a. 
There is hereby established in the City of Summit a State Uniform Construction Code Enforcing Agency to be known as the Office of Code Administration in the Department of Community Services, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, Elevator Subcode Official and such other subcode officials and inspectors 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 construction office, and shall cooperate with and coordinate activities as directed by the supervisor of the Division of Code Administration and Economic Development.
b. 
Each official position created in paragraph a 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 (1) 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.
c. 
Prior to July 1, 1992, the person or agency qualified to serve as the elevator subcode official shall serve as the City's elevator inspection service, and shall perform all of the plan review and inspection duties and responsibilities of an elevator subcode official, except that the elevator inspection service shall have no authority to issue notices, orders or directives, or to collect any fees, in the name of the enforcing agency. In all matters, the elevator inspection service shall be subject to the same administrative controls as a subcode official, and, on or before July 1, 1992, shall become qualified and appointed as the City's elevator subcode official, or the services shall terminate.
d. 
The public shall have the right to do business with the Office of Code Administration at one (1) office location, except for emergencies and unforeseen or unavoidable circumstances.
e. 
The Construction Official is hereby empowered to waive permit fees for nonprofit agencies located on City-owned properties.
f. 
The Construction Official shall waive construction permit fees, surcharge fees, enforcing agency fees, and related fees normally charged to obtain a construction permit for any construction, reconstruction, alteration or improvement work undertaken by a disabled person to promote accessibility in that disabled person's own dwelling unit. A "disabled person" is one meeting the definition found in the State Uniform Construction Code Act, C. 52:27D-126e.
[Ord. No. 1664; Ord. No. 1938; Ord. No. 2101; Ord. No. 2121 §§ 2, 3; Ord. No. 2389 § 1; Ord. No. 2011-2947]
The fee for construction permits shall be the sum of the applicable fees listed in paragraphs a through m hereof and shall be paid before the permit is issued, except as modified in paragraph m for mechanical permit fees.
a. 
Building Subcode Fees. The Building Subcode fees shall be as follows:
1. 
For new buildings and structures and additions:
(a) 
For Use Groups B, E, H, I, M, and R-1, $0.04 per cubic foot;
(b) 
For Use Groups A, F, R-2, S and U. $0.03 per cubic foot;
(c) 
For Use Groups R-3, R-4, and R-5 including accessory buildings and structures, $0.02 per cubic foot.
2. 
For alterations or renovations, fees shall be calculated on the total estimated cost (value) of the work, including labor and materials:
(a) 
For a value to fifty thousand ($50,000.00) dollars, twenty ($20.00) dollars per one thousand ($1,000.00) dollars of estimated value;
(b) 
For a value from fifty thousand one ($50,001.00) dollars to one hundred thousand ($100,000.00) dollars, fifteen ($15.00) dollars per one thousand ($1,000.00) dollars of estimated value;
(c) 
For a value over one hundred thousand ($100,000.00) dollars, thirteen ($13.00) dollars per one thousand ($1,000.00) dollars of estimated value.
3. 
For a swimming pool, the fee shall be fifty ($50.00) dollars;
4. 
For fences, the fee shall be forty ($40.00) dollars;
5. 
Fees for signs shall be two ($2.00) dollars per square foot of sign area, calculated on one (1) side of double-faced signs;
6. 
Fees for asbestos removal shall be fifty ($50.00) dollars, as specified by N.J.A.C. 5:23-8.10;
7. 
The fee for lead hazard abatement work shall be fifty ($50.00) dollars. The fee for a lead hazard abatement certificate shall be thirty-fiver ($35.00) dollars;
8. 
The fee for a retaining wall associated with a Class 3 residential structure shall be fifty ($50.00) dollars. The fee for a retaining wall at other than a Class 3 residential structure shall be based on the cost of construction;
9. 
The fee for roofing and siding work completed on structures of Group R-3 or R-5 shall be one hundred ($100.00) dollars.
10. 
Fees for demolition shall be as follows:
(a) 
For a one (1) or two (2) family dwelling, seventy-five ($75.00) dollars per dwelling unit;
(b) 
For any other building or structure, one hundred ($100.00) dollars per building or structure;
(c) 
For removal of an underground storage tank, forty ($40.00) dollars per tank;
(d) 
Fees for partial demolitions in anticipation of construction shall be calculated as an alteration, with the fees set forth in (b) above.
11. 
A training fee surcharge, as mandated by N.J.A.C. 5:23-4.19, shall be charged for new buildings and structures, and additions to and alterations of existing buildings and structures.
12. 
The fees for a project which includes new construction, alterations and/or renovations shall be computed as the sum of the fees computed separately in accordance with the above;
13. 
The minimum building subcode fee shall be forty ($40.00) dollars.
b. 
Plumbing Subcode Fees. The Plumbing Subcode fees shall be as follows:
1. 
For installation or replacement of plumbing fixtures, and devices, such as but not limited to water closets, urinals, bidets, bathtubs, showers, lavatory, sinks, floor drains, dishwashers, drinking fountains, washing machines, hose bibbs, water heaters, trap primers, plumbing stacks, and other similar devices, the fee shall be fifteen ($15.00) dollars each;
2. 
For installation or replacement of special fixtures and devices, such as but not limited to grease traps, oil separators, backflow preventors, water-cooled air conditioners, commercial refrigeration units, steam boilers, water boilers, commercial cooking equipment, automatic fuel shut-off devices, gas piping, sewer pumps, fuel oil piping, underground sprinkler systems, the fee shall be forty ($40.00) dollars each;
3. 
For utility service installations and/or connections, including potable water, fire service water, sewer, and gas, the fees shall be one hundred ($100.00) dollars per connection.
4. 
For any solar system installation, the fee shall be fifty ($50.00) dollars.
5. 
The minimum plumbing subcode fee shall be forty ($40.00) dollars.
c. 
Electrical Subcode Fees. The Electrical Subcode fees shall be as follows:
1. 
For installation or replacement of outlets, fixtures, receptacles, including lighting outlets, wall switches, fluorescent fixtures, line voltage smoke detectors, low voltage fire alarm systems, burglar alarm systems, convenience receptacles or similar fixtures, and motors or other devices of less than one (1) horsepower or kilowatt, the fee shall be as follows:
(a) 
From one (1) to fifty (50) devices, the fee shall be fifty ($50.00) dollars;
(b) 
For each additional twenty-five (25) devices, the fee shall be twenty ($20.00) dollars;
2. 
For each motor or similar electrical device, the fees shall be as follows:
(a) 
For one (1) to ten (10) horsepower, the fee shall be ten ($10.00) dollars;
(b) 
For eleven (11) to fifty (50) horsepower, the fee shall be thirty-five ($35.00) dollars;
(c) 
For fifty-one (51) to one hundred (100) horsepower, the fee shall be one hundred twenty-five ($125.00) dollars;
(d) 
For over one hundred (100) horsepower, the fee shall be five hundred ($500.00) dollars.
3. 
For transformers and generators over one (1) kilowatt, the fee shall be as follows:
(a) 
For up to ten (10.0) kilowatts, the fee shall be ten ($10.00) dollars;
(b) 
For up to forty-five (45.0) kilowatts, the fee shall be forty-five ($45.00) dollars;
(c) 
For up to one hundred twelve point five (112.5) kilowatts, the fee shall be eighty-five ($85.00) dollars;
(d) 
For over one hundred twelve point five (112.5) kilowatts, the fee shall be eight hundred ($800.00) dollars.
4. 
For electrical service entrance, service panel, sub-panel installations or replacements, the fees shall be as follows:
(a) 
For up to two hundred (200) amps, the fee shall be forty ($40.00) dollars;
(b) 
For two hundred one (201) to one thousand (1,000) amps, the fee shall be one hundred twenty-five ($125.00) dollars;
(c) 
For over one thousand (1,000) amps, the fee shall be one thousand ($1,000.00) dollars;
5. 
For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic systems as follows:
(a) 
One (1) to fifty (50) kilowatts, the fee shall be fifty ($50.00) dollars.
(b) 
Fifty-one (51) to one hundred (100) kilowatts, the fee shall be one hundred ($100.00) dollars.
(c) 
Greater than one hundred (100) kilowatts, the fee shall be five hundred ($500.00) dollars.
6. 
The minimum electrical subcode fee shall be forty ($40.00) dollars.
d. 
Fire Protection Subcode Fees. The Fire Protection Subcode fees shall be as follows:
1. 
For installation or replacement of fire protection systems, such as sprinkler systems, smoke or heat or other types of automatic detection systems, manual alarm systems, the fees shall be calculated on the number of individual component devices, as follows:
(a) 
From one (1) to twenty (20), the fee shall be fifty ($50.00) dollars;
(b) 
From twenty-one (21) to one hundred (100), the fee shall be one hundred ($100.00) dollars;
(c) 
From one hundred one (101) to two hundred (200), the fee shall be two hundred ($200.00) dollars;
(d) 
From two hundred one (201) to four hundred (400), the fee shall be three hundred ($300.00) dollars;
(e) 
From four hundred one (401) to one thousand (1,000), the fee shall be five hundred ($500.00) dollars;
(f) 
For over one thousand (1,000), the fee shall be fifty ($50.00) dollars per hundred;
2. 
For installation or replacement of standpipe systems, the fee shall be one hundred ($100.00) dollars per standpipe;
3. 
For pre-engineered extinguishing systems, such as but not limited to dry chemical, foam, halon, carbon dioxide, and wet chemical systems, the fee shall be seventy-five ($75.00) dollars each;
4. 
For gas and oil-fired heat producing appliances, such as but not limited to furnaces, boilers, industrial ovens, processing equipment, and other similar devices the fee shall be thirty ($30.00) dollars each, except that there shall be no charge for water heaters in one (1) and two (2) family dwellings;
5. 
For incinerators and crematoriums, the fee shall be three hundred ($300.00) dollars each.
6. 
For solid fueled appliances, such as wood stoves, coal stoves, masonry fireplaces, pre-manufactured fireplaces, the fee shall be thirty ($30.00) dollars per appliance;
7. 
For commercial cooking exhaust systems, the fee shall be one hundred ($100.00) dollars per system;
8. 
The minimum fire protection subcode permit fee shall be forty ($40.00) dollars, except as modified by paragraph 4 above.
e. 
Elevator Subcode Fees. The fee for elevators shall be as follows:
1. 
For each elevator installation or replacement, the plan review fee shall be two hundred sixty ($260.00) dollars per car;
2. 
For each elevator installation or replacement in a one (1) or two (2) family dwelling, the plan review fee shall be fifty ($50.00) dollars per device.
3. 
For required inspections, the fee shall be as set forth in N.J.A.C. 5:23-12.6, test and inspection fees.
f. 
Fees for Minor Work. Fees for minor work in any subcode (as defined by N.J.A.C. 5:23-2.17A) shall be calculated on the basis of thirteen ($13.00) dollars per one thousand ($1,000.00) dollars of estimated cost.
g. 
Fee for Plan Review. The fee for plan review shall be twenty (20%) percent of the anticipated total permit fees, and may be required to be paid when the permit application and plans are filed, and before the plans are reviewed. The amount paid for this fee shall be credited toward the final permit fees, provided that the plan review fee shall not be refundable.
h. 
Estimated Value of Work. The estimated cost (value) of work for any subcode includes all costs normally associated with the work, such as labor and materials (including those donated) and contractor's profit. The amounts entered on the permit application forms are subject to review by the Construction Official, who may approve or modify them as he deems necessary.
i. 
Special Inspections. Special overtime inspections: a permit holder may request special inspections outside of the normal business workday. The fee for these inspections shall be seventy-five ($75.00) dollars for the first hour, and fifty ($50.00) dollars for each additional hour. When the inspection is not continuous with the business workday, the fees shall be one hundred ($100.00) dollars for the first hour, and fifty ($50.00) dollars for each additional hour.
j. 
Lapsed Permit. Reinstatement of a lapsed construction permit:
1. 
For any permit (including all subcodes) which has lapsed after six (6) months of no work, no additional fee shall be charged;
2. 
For any permit (including all subcodes) which has lapsed after twelve (12) months of no work, the fee(s) shall be calculated as for a new application.
k. 
Private On-Site Inspections and Plan Review Agencies. Whenever the City contracts for services of a private, on-site inspection and plan review agency to enforce one (1) or more subcodes, the following shall apply:
1. 
The fees charged for work done by that agency shall be the same fees as set by the Department of Community Affairs pursuant to N.J.A.C. 5:23-4.18 and N.J.A.C. 5:23-4.20. These fees shall be available for public inspection at the Office of Code Administration;
2. 
The Office of Code Administration shall add administrative surcharges of fifteen (15%) percent of the relevant subcode fees to cover its costs associated with administering the third party agency.
l. 
Certificates of Occupancy, Compliance and Approval.
1. 
For certificates of occupancy, the fees shall be as follows:
(a) 
For a one (1) and two (2) family dwelling unit, fifty ($50.00) dollars per unit;
(b) 
For all other use groups, ten (10%) percent of the total construction permit fee, with a minimum certificate fee of one hundred ($100.00) dollars per certificate;
2. 
For a certificate of continued occupancy, the fee shall be one hundred ($100.00) dollars per unit;
3. 
For a certificate of compliance for elevators, the fees shall be as set forth in N.J.A.C. 5:23-12.6, Inspections and Tests.
4. 
For a certificate of approval for equipment or for buildings and structures not subject to occupancy, no fee shall be charged pursuant to N.J.A.C. 5:23-4.18.
m. 
Mechanical Permit Fees. The fee for a mechanical permit issued for refrigeration, air conditioning or ventilating equipment, gas piping or heating systems in one (1) or two (2) family structures shall be forty ($40.00) dollars for the first device and an additional ten ($10.00) dollars for each additional device. No separate fee shall be charged for gas, fuel oil, or water piping connections associated with the mechanical equipment, except that an electrical permit and applicable fees shall be collected when required.
[Ord. No. 1644; Ord. No. 1747; Ord. No. 1938 § 3; Ord. No. 1943 § 1; Ord. No. 2101 § 4; Ord. No. 2121 § 3; 1979 Code Part III T.1 § 3; Ord. No. 02-2553; Ord. No. 08-2821 § 1]
Zoning permits and certificates of occupancy, as defined in the Development Regulations Ordinance, shall be issued by the Office of Code Administration.
a. 
The fee for a zoning certificate of occupancy shall be as follows:
1. 
For one (1) or two (2) family detached dwellings, the fee shall be one hundred ($100.00) dollars per unit;
2. 
For dwelling units in multiple family dwellings, and for attached, single family dwellings, the fee shall be one hundred fifty ($150.00) dollars per unit;
3. 
For tenant spaces in commercial buildings, the fee shall be as follows:
$150.00 for 1 to 2,500 sq. ft.
$250.00 for 2,501 sq. ft. to 5,000 sq. ft.
$500.00 for 5,001 to 10,000 sq. ft.
$1,000.00 for 10,001 sq. ft. and larger
4. 
For commercial buildings, the fee shall be based on the sum of the separate fees for each tenant space calculated separately, with a minimum fee of one hundred fifty ($150.00) dollars.
b. 
The fee for a zoning permit shall be fifty ($50.00) dollars for one (1) and two (2) family detached dwellings, and one hundred ($100.00) dollars for all other properties.
c. 
The Office of Code Administration shall charge a fee of ten ($10.00) dollars for a duplicate zoning certificate of occupancy or zoning permit, which shall be notarized as a true copy prior to being issued.
[Ord. No. 2055; 1983 Code Part VI T.58 § 1]
Ordinances adopted July 25, 1901, August 6, 1901, Title XXI, Revised Ordinances of the City of Summit, adopted December 7, 1909; building numbers on record in the City Engineer's and Tax Assessor's offices; and any building number assigned and in use prior to the adoption of this ordinance are hereby validated and shall remain in full force and effect.
[Ord. No. 2055; 1983 Code Part VI T.58 § 2; Ord. No. 2018-3176]
a. 
The Tax Assessor of the City of Summit shall cause the street number to be assigned to all principal structures and buildings, hereinafter referred to as buildings, erected in the City. Each new building shall be assigned a number by the Tax Assessor at the time of application for a construction permit, but prior to the issuance of the permit. The Tax Assessor shall notify the Construction Official and the City Engineer of the assigned building number.
b. 
In the numbering of buildings now or hereafter fronting on streets, roads, avenues or other public ways, hereinafter referred to as streets, in the City, or any road, street, avenue, or public way that may hereafter become a public street, road, avenue or other public way in the City, the numbers shall begin with the number one on the right hand side of each such street, at points or places described as the commencement of such street, and so on in progressive, numerical order, the odd numbers on the right side of the street and the even numbers on the left side.
c. 
Whenever any vacant lot or lots, individually or in development shall occur, each lot or lots shall be treated as separate for numbering purposes as the lots are divided by frontage and area in accordance with the current Zoning Ordinance of the City of Summit.
d. 
In case of doubt or difficulty in applying the numbering system, or if the property owner objects to the number or numbers assigned by the Tax Assessor, application may be made to the Mayor and Capital Projects and Community Services Committee of the Common Council, a majority of whom are hereby empowered to settle and adjust the same.
[Ord. No. 2055; 1983 Code Part VI T.58 § 2]
a. 
The owner or owners of any building shall number the building, or cause the same to be numbered, in conformity with the requirements of this section, the intent of which is to provide emergency services with a clear readily evident, and unique identification of buildings.
b. 
The number shall be in figures or words or permanent materials and of colors which contrast with the background on which they are mounted or affixed. The words or numbers shall be at least three (3") inches in height placed in or on the front of each building adjacent to and within two (2') feet of the main entrance, or in such other location determined by the Construction Official to meet the intent of this section.
c. 
All numbers shall be clearly visible and legible from the right of way of the public street, road, avenue, or highway and shall not be obstructed by any bush, plant, fence, post or any other object. In any case where the numbers are not clearly visible and legible, the construction official may require supplemental numbers of the same size, installed at or near the right of way which is adjacent to the building's main entrance.
d. 
Where a building other than a one (1) family dwelling is located on a corner lot and has an entrance on both sides facing the respective streets, then each entrance shall be numbered in accordance with the provisions of this section.
[Ord. No. 2055; 1983 Code Part VI T.58 § 3]
a. 
The owner of every building other than buildings with two (2) or fewer individual dwelling units shall number or cause to be numbered each separate tenant space within or part of that building. Numbers shall be affixed at or adjacent to the entrance door to the tenant space, so as to be visible from the right-of-way, or from the common area for those tenant spaces accessible after passing through a single entranceway.
b. 
The owner of these same buildings shall also label all uninhabitable rooms or spaces in the building, such as but not limited to janitor's closets, storage rooms, mechanical equipment rooms, supply closets, so as to clearly identify the purpose of the room and any possible hazards contained therein. The labels shall be permanent, affixed on or adjacent to the entry door to the room or space, in a manner approved by the Chief Inspector.
[Ord. No. 2055; 1983 Code Part VI T.58 § 4]
a. 
The Office of Code Administration in the Department of Community Services shall be charged with the enforcement of this section.
b. 
A Certificate of Occupancy or Certificate of Continued Occupancy shall not be issued to the owner or occupant of a building until it is properly numbered and identified in accordance with the provisions of this section.
[Ord. No. 2055; 1983 Code Part VI T.58 § 6]
a. 
The owner of any building who fails to number the same or who fails to identify spaces therein in accordance with the provisions of this section shall be liable to a penalty of not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars.
b. 
The Judge of the Municipal Court shall have the right to suspend any fine imposed for violation of the provisions of this section if the owner can demonstrate compliance with this section within a reasonable time period.
[Ord. No. 2342 § 1]
Any person who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy, as set forth in N.J.S.A. 2A:18-61.1g, shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six (6) times the monthly rental paid by the displaced person. The owner of the structure shall be liable for the payment of relocation assistance pursuant to this subsection.
[Ord. No. 2342 § 2]
The City may elect to pay the relocation costs of a displaced person who has not received the required payment from the owner of the structure at the time of the eviction pursuant to subsection 14-3.1 of this section.
a. 
The relocation payment shall be paid from a revolving relocation assistance fund established pursuant to N.J.S.A. 20:4-4.1a.
b. 
All relocation assistance costs incurred by the City pursuant to this subsection shall be repaid to the City by the owner of the structure in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2.
c. 
All repayments shall be deposited in the City's revolving relocation assistance fund.
[Ord. No. 2342 § 3]
In addition to the six (6) months relocation assistance established in subsection 14-3.1 above, the owner of the property shall be liable for a fine up to an amount equal to six (6) times the monthly rental paid by each displaced person with said funds to be deposited in the Municipal Court Fines Account.
[Ord. No. 2342 § 4]
For purposes of this section, the owner of the structure shall exclude mortgagees in possession of the structure through foreclosure.