[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; amended 12-19-2023 by Ord. No. 23-3304]
The fee for construction permits shall be the sum of the applicable
fees listed below 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, $0.05 per cubic foot;
(b)
For Use Groups A, F, R-2, S and U, $0.04 per cubic foot;
(c)
For Use Groups R-3, R-4, and R-5 including accessory buildings
and structures, $0.035 per cubic foot.
(d)
The unit rate for large, open-volume, single story spaces in
buildings, such as barns, silos, greenhouses, warehouses, distribution
centers, and other agricultural, and storage-use occupancies, $0.030
per cubic foot.
(e)
For the purpose of calculating the volume to determine the fee
for these spaces, the height shall be limited to 20 feet notwithstanding
the fact that the actual height of the space may be greater than 20
feet;
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 $50,000.00 - $27.00 per $1,000.00 of estimated
value;
(b)
For a value from $50,001.00 to $100,000.00 - $22.00 per $1,000.00
of estimated value;
(c)
For a value over $100,000.00 - $17.00 per $1,000.00 of estimated
value.
3. For a swimming pool, the fee shall be $100.00;
4. For fences, the fee shall be $50.00;
5. Fees for signs shall be $2.00 per square foot of sign area, calculated
on one (1) side of double-faced signs;
6. Fees for asbestos removal shall be $50.00, as specified by N.J.A.C.
5:23-8.10;
7. For plan review for revisions after issuance of a permit the fee
shall be $50.00 per hour with a minimum fee of $50.00.
8. For a change of contractor, the fee shall be $50.00 per subcode and
per technical section.
9. The fee for lead hazard abatement work shall be $50.00. The fee for
a lead hazard abatement certificate shall be $35.00;
10. The fee for a retaining wall associated with a Class 3 residential
structure shall be $150.00. The fee for a retaining wall at other
than a Class 3 residential structure shall be based on the cost of
construction;
11. Fees for demolition shall be as follows:
(a)
For a one (1) or two (2) family dwelling, or accessory structure
to 1 or 2 family - $150.00 per dwelling unit or structure;
(b)
For any other building or structure, $250.00 per building or
structure;
(c)
Fees for partial demolitions in anticipation of construction
shall be calculated as an alteration, with the fees set forth in (b)
above.
12. 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.
13. 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;
14. The minimum building subcode fee shall be $50.00.
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 $20.00 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, air conditioners, the fee shall
be $50.00 each;
3. For utility service installations and/or connections, including potable
water, fire service water, sewer, and gas, the fees shall be $100.00
per connection.
4. For any solar system installation, the fee shall be $50.00.
5. The minimum plumbing subcode fee shall be $50.00.
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 $50.00;
(b)
For each additional twenty-five (25) devices, the fee shall
be $25.00;
2. For each motor or similar electrical device, the fees shall be as
follows:
(a)
For one (1) to ten (10) horsepower, or kilowatt, the fee shall
be $10.00;
(b)
For eleven (11) to fifty (50) horsepower, or kilowatt, the fee
shall be $35.00;
(c)
For fifty-one (51) to one hundred (100) horsepower, or kilowatt,
the fee shall be $125.00;
(d)
For over one hundred (100) horsepower, or kilowatt, the fee
shall be $500.00.
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 $10.00;
(b)
For up to forty-five (45.0) kilowatts, the fee shall be $45.00;
(c)
For up to one hundred twelve point five (112.5) kilowatts, the
fee shall be $85.00;
(d)
For over one hundred twelve point five (112.5) kilowatts, the
fee shall be $800.00.
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 $50.00;
(b)
For two hundred one (201) to one thousand (1,000) amps, the
fee shall be $125.00;
(c)
For over one thousand (1,000) amps, the fee shall be $1,000.00;
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 $50.00.
(b)
Fifty-one (51) to one hundred (100) kilowatts, the fee shall
be $100.00.
(c)
Greater than one hundred (100) kilowatts, the fee shall be $500.00.
6. For a swimming pool, the fee shall be $100.00;
7. The minimum electrical subcode fee shall be $50.00.
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 $50.00;
(b)
From twenty-one (21) to one hundred (100), the fee shall be
$100.00;
(c)
From one hundred one (101) to two hundred (200), the fee shall
be $200.00;
(d)
From two hundred one (201) to four hundred (400), the fee shall
be $300.00;
(e)
From four hundred one (401) to one thousand (1,000), the fee
shall be $500.00;
(f)
For over one thousand (1,000), the fee shall be $50.00 per hundred;
2. For installation or replacement of standpipe systems, the fee shall
be $100.00 per standpipe;
3. For fire service water main, the fee shall be $100.00 per line.
4. For emergency responder radio systems, the fee shall be $150.00.
5. 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 $75.00 each;
6. 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 $30.00 each;
7. For solar photovoltaic systems, the fee shall be, $50.00.
8. For incinerators and crematoriums, the fee shall be $300.00 each.
9. For solid fueled appliances, such as wood stoves, coal stoves, masonry
fireplaces, pre-manufactured fireplaces, the fee shall be $30.00 per
appliance;
10. For commercial cooking exhaust systems, the fee shall be $100.00
per system;
11. For removal of a storage tank, $50.00 per tank.
12. The minimum fire protection subcode permit fee shall be $50.00, except
as modified by paragraph 6 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 $260.00 per car;
2. For each elevator installation or replacement in a one (1) or two
(2) family dwelling, the plan review fee shall be $50.00 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 $27.00
per $1,000.00 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.
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 $200.00 for the first hour,
and $100.00 for each additional hour. When the inspection is not continuous
with the business workday, the fees shall be $250.00 for the first
hour, and $150.00 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 and Temporary
Certificates of Occupancy.
1. For certificates of occupancy, the fees shall be as follows:
(a)
For a one (1) and two (2) family dwelling unit, $100.00 per
unit;
(b)
For all other use groups, ten (10%) percent of the total construction
permit fee, with a minimum certificate fee of $100.00 per certificate;
2. For a certificate of continued occupancy, the fee shall be $100.00
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.
5. For all temporary certificates of occupancy, the fees shall be as
follows:
(a) The fee for the first issuance and the renewal of a temporary certificate
of occupancy shall be $30.00.
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.
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
$50.00 for the first device and an additional $10.00 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.
n. Lead Paint Inspections Fees. For a lead inspection and for a lead
safe certificate a fee of $300.00 per unit and/or common area.
[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.