The State of New Jersey has enacted the New Jersey State Uniform Construction Code, New Jersey Administrative Code: Title 5, Chapter 23, as the sole regulatory scheme governing construction in the State of New Jersey. The New Jersey State Uniform Construction Code adopts and incorporates, by reference, in whole or in part, the International Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code and various related subcodes. The New Jersey State Uniform Construction Code provides for enforcement of its provisions in a unified fashion at the municipal, inter-local and State levels. The Borough of Mantoloking seeks to establish a municipal enforcement agency for enforcement of the Uniform Construction Code; and the Borough seeks to appoint local, county and State employees to serve as code enforcement officials.
There is hereby established in the Borough of Mantoloking a
State Uniform Construction Code enforcing agency, consisting of a
Construction Official, Building Subcode Official, Electrical Subcode
Official, Plumbing Subcode Official and Fire Subcode Official, each
to enforce the relevant portions of the State Uniform Construction
Code. The New Jersey Department of Community Affairs shall enforce
the Elevator Subcode.
Each official position created in § 13-1.2 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. 5:23-4.5(a). 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.
The Borough may, by resolution, appoint Code Enforcement Officials,
i.e. Construction, Building Subcode, Electrical Subcode, Plumbing
Subcode and Fire Subcode Officials. The Department of Community Affairs
is hereby appointed to serve as the Elevator Subcode Official.
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. The office location shall be the Mantoloking
Borough Hall, 202 Downer Avenue, Mantoloking, New Jersey 08738.
Building Volume or Cost: The fees for new construction or alteration
are as follows:
A.
Fees for
new construction shall be based upon the volume of the structure.
Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The
new construction fee shall be in the amount of $0.035 per cubic foot
of volume for buildings and structures of all use groups and types
of construction as classified and defined in Articles 3 and 4 of the
Building Subcode; except that the fee shall be $0.035 per cubic foot
of volume for use groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2.
B.
Renovation/alteration
fees.
(1)
Minimum
Fee – Any Building Technical: $75.00.
(2)
Renovation/Alteration:
$30.00 per $1,000.00 of cost. For the purpose of determining estimated
cost, the applicant shall submit to the Construction Official such
cost data as may be available produced by the architect or engineer
of record, or by a recognized estimating firm, or by the contractor.
A bona fide contractor's bid if available shall be submitted. The
Construction Official shall make the final decision regarding estimated
cost.
C.
Fees for
additions shall be computed on the same basis as for new construction
for the added portion.
D.
Fees for
combination renovations and additions shall be computed separately
in accordance with Paragraphs A and B above.
Plumbing Fixtures and Equipment: The fees shall be as follows:
A.
For fixtures,
pieces of equipment, hoses, bibs, vents, appliances connected to the
plumbing system, and for appliances connected to the gas or oil piping
system, $20.00 for each, except as listed in Paragraph B below.
B.
Per specific
device for the following:
(1)
Grease
traps, oil separators, water cooled air conditioning units, refrigeration
units, utility service connections, backflow preventers equipped with
test ports (double check valve assembly, reduced pressure zone and
pressure vacuum breaker backflow preventers), steam boilers, hot water
boilers (excluding those for domestic water heating), gas or fuel
oil piping, sewer pumps, and interceptors: $75.00. Minimum fee: $75.00.
C.
Fuel Fired
Appliances — Residential Only: $95.00.
D.
For pool
heaters: $100.00; and $50.00 for each drain inlet.
Fees For Fire Protection and Other Hazardous Equipment. Sprinklers,
standpipes, detectors (smoke and heat), pre-engineered suppression
systems, gas and oil fired appliances not connected to the plumbing
system, kitchen exhaust systems and flues are as follows:
A.
The fee
for sprinkler heads and/or detectors shall be as follows:
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1 to 10 devices
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$50.00
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11 to 20 devices
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$100.00
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21 to 100 devices
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$150.00
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101 to 200 devices
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$250.00
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More than 200 devices
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$750.00
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When computing fees for heads and detectors, fees for heads
and detectors shall be separate and distinct. By way of example, if
there is one (1) head, and one (1) detector, a total of two (2) fees
shall be assessed.
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B.
The fee
for each standpipe shall be: $250.00.
C.
The fee
for each independent pre-engineered system shall be: $125.00.
D.
The fee
for each gas or oil fired appliance shall be: $75.00.
E.
The fee
for each kitchen exhaust system shall be: $85.00.
F.
The fee
for the installation of fuel tanks shall be:
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Capacity under 600 gallons
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$100.00
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Capacity over 600 gallons
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$125.00
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G.
Fee for
Fire Sub-Code Review, where required: $75.00.
The fees shall be as follows:
A.
The fees
for outlets (including lighting, wall switches, fluorescent fixtures,
convenience receptacles or similar fixtures, and motors or devices
of less than one (1) horsepower or one (1) kilowatt shall be a minimum
of $75.00, in addition to the following:
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Outlets 1 to 50 devices
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$70.00
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Each additional 25 devices
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$15.00
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B.
The fees
for service panels shall be as follows:
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1 to 200 amps
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$70.00
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201 to 1000 amps
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$100.00
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More than 1000 amps
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$500.00
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C.
The fees
for transformers or generators shall be as follows:
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1 kW to 10 kW
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$15.00
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11 kW to 45 kW
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$50.00
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46 kW to 112 kW
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$100.00
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More than 112 kW
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$500.00
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D.
The fee
for swimming pools shall be as follows:
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In-ground
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$100.00
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E.
The fee
for each of the following items shall be $15.00: electric heater,
surface units, dishwasher, heat pump, hot tubs/jacuzzi, gas/oil heaters,
electric dryer, hot water heater, range, commercial exhaust fans,
and ovens.
F.
The fees
for air conditioner feeders and disconnects shall be: $35.00
A.
Refundable
Portion of the plan review fee. The non-refundable portion of the
fee for plan review shall be the 20 percent of the permit fee as set
forth in this chapter for a new construction permit, renovation or
alteration permit. An amended plan review shall be $60 per hour, with
a minimum fee of $60.00.
B.
The basic
construction fee shall be the sum of the parts computed on the basis
of the volume or cost of construction, the number of plumbing fixtures
and equipment, the number of electrical fixtures and devices, and
the number of sprinklers, standpipes, and detectors (smoke and heat)
at the unit rates provided herein plus any special fees.
C.
Certificates
and other permits. The fees are as follows:
(1)
The
fee for a demolition or removal permit including tanks, shall be $200.00.
(2)
The
fee for a Certificate of Occupancy shall be $150.00.
(3)
The
fee for a temporary certificate of occupancy shall be $30.00, except
where the full certificate of occupancy is paid at the time of the
initial issuance of the temporary certificate.
(4)
The
fee for a renewal of a temporary certificate shall be $25.00.
(5)
For
cross connections and backflow preventers that are subject to testing
and require reinspection, the fee shall be $75.00 for each device
when they are tested.
(6)
The
fee for each construction permit issued for an asbestos abatement
project shall be $100.00.
(7)
The
fee for each Certificate of Occupancy issued following the successful
completion of an asbestos abatement project shall be $50.00.
(8)
The
fee for a permit for a lead hazard abatement project shall be $150.00.
(9)
The
fee for a Lead Abatement Clearance Certificate shall be $50.00.
(10)
Continued Certificate of Occupancy: $150.00.
(11)
Fee for variation as established by N.J.A.C. 5:23-2.9-2.13: $150.00.
As used in this section:
Shall mean any building, or structure, or part thereof, whether
used for human habitation or otherwise, and includes any appurtenances
belonging thereto or usually enjoyed therewith.
Shall mean the holder or holders of title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Borough,
County or State relating to health, fire, building regulations, or
to other activities concerning buildings in the Borough.
Shall mean the Construction Code Official of the Borough
of Mantoloking.
The Construction Code Official of the Borough of Mantoloking
is hereby designated and appointed to exercise the powers prescribed
by this section.
Whenever a petition is filed with the Public Officer by a public
authority or by at least five (5) residents of the Borough charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the Public Officer on his own motion that
any building is unfit for human habitation or occupancy or use, the
Public Officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Public Officer, or his designated agent, at a place
therein fixed not less than ten (10) days nor more than thirty (30)
days after the serving of the complaint; that the owner and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person, or otherwise, and give testimony at the place
and time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the Public
Officer.
If, after such notice and hearing, the Public Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
A.
Requiring
the repair, alteration or improvement of the building to be made by
the owner within a reasonable time, which time shall be set forth
in the order or, at the option of the owner, to vacate or have the
building vacated and closed within the times set forth in the order;
and
B.
If the
building is in such a condition as to make it dangerous to the health
and safety of persons on or near the premises, and the owner fails
to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
the building within a reasonable time as specified in the order of
removal.
If the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the Public Officer may cause such building to be repaired,
altered or improved, or to be vacated and closed; and the Public Officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish
the building, the Public Officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
All costs to the Borough to enforce this Chapter shall become
municipal liens against the real property upon which the costs were
incurred in accordance with the provisions of N.J.S.A. 40:48-2.5(f).
These costs include, but are not limited to:
A.
The cost
of the filing of legal papers, expert witnesses' fees, search fees
and advertising charges, incurred in the course of any proceeding
taken under this act determined in favor of the Borough; and
B.
Such cost
of such repairs, alterations or improvements, or vacating and closing,
or removal or demolition, if any, or the amount of the balance thereof
remaining after deduction of the sum, if any, realized from the sale
of materials derived from such building or from any contract for removal
or demolition thereof, shall be a Borough lien against the real property
upon which such cost was incurred. If the building is removed or demolished
by the Public Officer, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
the proceeds of any sale of materials or any sum derived from any
contract for the removal or demolition of the building. If there are
no such credits or if the sum total of such costs exceeds the total
of credits, a detailed statement of the costs and the amount due shall
be filed with the Borough Tax Assessor and a copy thereof shall be
forwarded to the owner by certified mail. If the total of the credits
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the Public Officer, shall be secured in such manner
as may be directed by the Court, and shall be disbursed according
to the Order or Judgment of the Court to the persons found to be entitled
thereto by final Order or Judgment of such Court; provided, however,
that nothing in this section shall be construed to impair or limit
in any way the power of the Borough to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise. Any owner or party in interest may, within sixty (60) days
from the date of the filing of the lien certificate, proceed in a
summary manner in the Superior Court to contest the reasonableness
of the accuracy of the costs set forth in the Borough lien certificate.
The Public Officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough; such conditions may include
the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident, or other
calamities; lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair, structural defects; uncleanliness, disease,
rodent infestation and other hazards to health or safety.
Complaints or orders issued by a Public Officer pursuant to
this section shall be served upon the owner or parties in interest
either personally or by certified mail; but, if the whereabouts of
such persons is unknown and the same cannot be ascertained by the
Public Officer in the exercise of reasonable diligence, then the Public
Officer shall make an affidavit to that effect. The serving of such
complaint or order upon such persons may be made by publishing the
same once each week for two (2) successive weeks in a newspaper printed
and published in the Borough, or, in the absence of such newspaper,
in one printed and published in the County and circulating in the
Borough. A copy of such complaint or order shall be posted in a conspicuous
place on premises affected by the complaint or order. A copy of such
complaint or order shall be duly recorded or lodged for record with
the County Recording Officer.
Any person aggrieved by an order issued by a Public Officer
under this act may, within sixty (60) days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Public Officer from carrying out the provisions of the order and for
any other appropriate relief. The Court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the Public Officer
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the Public Officer.
The Public Officer shall also be authorized to exercise such
powers as may be necessary to carry out and effectuate the purposes
and provisions of this section:
A.
To investigate
the condition of the buildings in the Borough in order to determine
which buildings therein are unfit for human habitation or occupancy
or use;
B.
To administer
oaths, affirmations, examine witnesses and receive evidence;
C.
To appoint
and fix the duties of such officers, agents and employees as he deems
necessary to carry out the purposes of the section; and
D.
To delegate
any of his functions and powers under this section to such officers
and agents as he may designate.
Annually, the Enforcing Agency as defined within § 13-1.2 shall submit to the Borough Council an estimate of the expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigation of the buildings in the Borough for the purpose of determining the fitness of such buildings for human habitation or occupancy or use and for the enforcement and administration of this section.
Nothing in this section shall be construed to abrogate the powers
of the Courts or any Borough Department to enforce any provisions
of its Code or other Borough ordinances or regulations, nor to prevent
or punish violations thereof; and the powers conferred by this section
shall be in addition and supplemental to the powers conferred by any
other law.
A.
The owner
or occupant of each improved property within the Borough shall clearly
affix legible identification numerals displaying the street address
number of the property at such location upon the lot as will be readily
visible and legible from the adjacent curbline.
B.
The placement
elevation of the identification numerals shall be not less than two
(2) feet or greater than eight (8) feet above the immediately adjoining
finished grade elevation of the property.
C.
Numerals
shall be not less than two (2) inches in height and shall be contrasting
in color to the surface upon which they are affixed.
D.
Any owner or occupant who violates any provisions of this section shall, upon conviction, be liable for the penalty stated below in § 13-5. Each day of the violation, after notice, shall constitute a separate offense.
E.
This section
shall be enforced by members of the Police Department, the Land Use
Officer or upon complaint of any resident.
Any person violating this Chapter, upon conviction thereof,
shall be punished by a fine not exceeding two thousand ($2,000.00)
dollars per day or by imprisonment in the county jail for a term not
exceeding ninety (90) days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
