There is hereby established in the Borough a State Uniform Construction Code enforcing agency to be known as the Building Department, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, and such other subcode officials for each 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.
Each official position created in paragraph a. here of shall be filed by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23-1 et seq.; 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. 5:33-1 et seq. More than one such official position may be held by the same person; provided that such person is qualified pursuant to N.J.A.C. 5:23-1 et seq. to hold such position.
The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen unavoidable circumstances.
[2002 Code § 15.04.010; Ord. No. 475; Ord. No. 2016-06]
Every sale or rental of one family or two-family homes within the Borough of Fair Haven shall be inspected for smoke-sensitive alarm devices all in accordance with N.J.S.A. 52:27D-98.1 et seq., and a certificate of inspection shall be obtained for delivery to the tenant or the purchase of the structure involved, upon the payment of the inspection fee. The application fee for a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC), as required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining before the change of occupant is expected as follows:
The fee for request for inspections received more than 10 business days prior to change of occupancy shall be $45.
The fee for request for inspections received fewer than 10 days prior to change of occupancy shall be $90.
The fee for request for inspections received fewer than four business days prior to change of occupancy shall be $125.
[Ord. No. 475; Ord. No. 2016-06; Ord. No. 2018-14]
The fee for a construction permit shall be the sum of the subcode fees listed in a. through o. hereof shall be paid before the permit is issued as determined by the Construction Official.
General. The fees for various permits authorized pursuant to the Uniform Construction Code shall be in accordance with the provisions of Chapter 23 Uniform Construction Code, N.J.A.C. 5:23-1.1 et seq.
Plan Review. 25% of the fee for a construction permit, which shall be paid at the time of the application.
Construction Permit. The fees shall be in the sum of all fees listed herein, plus any special fees.
The annual construction permit fee shall be the estimated cost of alterations as contained hereunder.
All fees to be rounded off to the nearest full dollars.
New Construction and Additions Fees.
New construction and additions in all use groups classification except for signs and structures or buildings and special fees for which volume cannot be computed.
The fee shall be $0.050 per cubic foot of volume of the building or structure.
Renovations, Alterations, Repairs, Premanufactured Construction and Minor Work Fees.
Renovations, alterations, installation of premanufactured units, foundation systems and all on-site work for premanufactured construction, repairs and/or minor work: The fee shall be $25 per $1,000 of estimated construction costs or part thereof.
Roofing and non-residential siding: The fee shall be $15 for each $1,000 or part thereof based upon the value of the work.
A combination of paragraphs (a) and (b) shall be computed separately and a total fee shall be the total fees added together with any and all other applicable fees.
Special Fees. Structures for which volume cannot easily be computed.
The fee for the installation of a private inground swimming pool at least 24 inches deep or having a surface area of at least 250 square feet shall be $250.
The fee for installation of an above ground swimming pool at least 24 inches deep or having a surface area of at least 250 square feet shall be $125.
The fee for the installation and inspection of public inground swimming pools shall be $250.
The fee for the installation of a pool compliant fence shall be $75.
The permit fee for the installation of wood/coal burning stoves, fireplaces, and/or chimneys shall be $75.
The permit to erect roof-mounted radio, or television antennas exceeding 12 feet in height shall be $100.
The permit fee to erect radio, television, or other transceiving equipment shall be $200.
The permit for elevators, escalators, dumbwaiters, and conveying equipment shall be as set by statute of the State of New Jersey.
The fee for complete tent permits, including electrical/fire building permits, for charitable and nonprofit organizations shall be $75.
Retaining walls. The fees shall be:
Fees for Continued Inspection of Equipment Subject to Limitations as Per N.J.A.C. 5:23-2.23(i).
Elevators: Fee shall be as set by statute of the State of New Jersey.
Platform lifts: Fee shall be as set by statute of the State of New Jersey.
Dumbwaiters: Fee shall be set by statute of the State of New Jersey.
Hazard uses and places of assembly: $150.
Cross-connections and back flow preventers: $75.
State of New Jersey Training Fees.
This fee shall be in the amount of $0.00334 per cubic foot volume of new construction. The fee for alterations and renovations shall be calculated based on $0.00190 per $1,000 of estimated cost computed in accordance with N.J.A.C. 5:23-2.28.
Demolition, Removal, or Moving of Building and/or Structure. The fee shall be:
Removal of a building or structure from a lot within the Borough of Fair Haven to a location outside the borders of the Borough: The fee shall be $35 for the first $1,000 of estimated cost of removal, plus $15 for each additional $1,000 of estimated costs or any part thereof. The minimum for the removal of a building or structure shall be $75.
Moving a building or structure from one lot to another or to a new location on the same lot: The fee shall be $50 for the first $1,000 of estimated costs, plus $50 for each additional $1,000 of cost or any part thereof. Estimated cost shall be the sum of the following: The cost of moving, plus the cost of the new foundation and all work required to place the building or structure in its completed condition in the new location. The minimum fee shall be $60.
Estimated Costs. For the purpose of determining estimated costs, when referred to in this fee schedule the applicant shall submit to the department cost data produced by the architect or engineer of record or by a recognized estimatory firm or by the contractor. A copy of the contractor's bid shall be submitted when available. The Construction Official will make the final decision regarding estimated cost based upon recommendations of the appropriate subcode officials.
Signs, Excluding Traffic Control Devices Meeting State Motor Vehicle Standards. The fee shall be $5 per square foot of the surface area of the sign, computed on one side only for double faced signs. The minimum fee shall be $75.
Bulkheads and Piers for New Construction and Repair of the Structure. Permit fee shall be $40 for the first $1,000 of estimated cost and $20 for each additional $1,000 of estimated cost or part thereof.
Construction Trailers. The permit fee for a construction trailer to be used at a permitted construction site shall be $75.
Certificate of Occupancy Per U.C.C.
The fee for a certificate of occupancy for new construction shall be $100.
Use group R-3, per principal dwelling unit shall be $50.
R-3 additions and alterations shall be $50.
R-3 accessory uses shall be $25.
Each additional tenant space or separate unit shall be $50.
The fees for a temporary certificate of occupancy for each structure shall be $75 for residential and $100 for commercial.
The fee for a multiple temporary certificate of occupancy shall be $100 for each unit.
The fee for a certificate of occupancy permit pursuant to a change in use shall be $150.
The fee for a certificate of continued occupancy shall be $100.
Plumbing Subcode Fees.
Fixtures and stacks, including but not limited to sinks, urinals, water closets, bathtubs, shower stalls, floor drains, laundry tubs, sump pumps, drinking fountains, hose bibs, water conditioning systems, humidifiers, dishwashers, garbage disposals, clothes washers, and similar devices. The fee shall be $20 each.
Gas piping to each appliance: The fee shall be $50.
Special Devices, Including but Not Limited to Gas Fireplaces, Pool Drains, Grease Traps, Oil Separators, Water-Cooled Air Conditioner Units, Pumps and Similar Pump Devices. The fee shall be $75 each.
Roof Drains. The fee shall be 10 $20 each.
Back Flow Prevention Devices. The fee shall be $75 each.
Indirect Connections. The fee shall be $50 each.
Air-Conditioner Condensate Drains. The fee shall be:
Cross Connections. The fee shall be $25 each.
Trench Inspections. The fee shall be $35 each.
Fire Protection Subcode Fees.
Each gas or oil fired appliances such as furnaces, ranges, stoves, generators and fireplaces not connected to the plumbing system shall be $50.
Special Fixtures and Equipment.
Fire suppression systems, sprinkler systems, hood systems, and all other applications of fire suppression systems. The fees for a permit shall be $200 plus $4 per head.
The fee for a permit and inspection of fire pumps shall be $100.
The fee for a permit and inspection of fire escapes shall be $60 each.
The fee for a permit inspection of gas pumps shall be $100 per nozzle.
Standpipes: The fee shall be $150 each.
Electrical Subcode Fees. Required for the installation, removal, alteration and/or replacement of all listed items.
Common electrical fixtures and devices, including, but not limited to lighting outlets, wall switches, fluorescent fixtures, convenience receptacles, and similar fixtures or devices and are not listed elsewhere in this schedule and connected to nominal 240/120 VAC, 20 amperes (or less) branch circuits: The fee shall be:
For one to 10 fixtures or devices: $35.
For each increment of 20 additional fixtures and devices, or part thereof: $25.
NOTE: Every gang of a fixture box or outlet box including splice boxes shall count as a device. Each recessed lighting fixture in an insulated space shall add one unit to the fixture count.
All other electrical product, but not limited to electrical heating, cooling, service conductors, feeders, disconnect switches, switchboards, panel boards, motors, control equipment, generators, transformers, smoke detectors, air conditioners, cooling equipment, lighting standards, swimming pools, hot tubs, hydromassage bathtubs, spas, steam baths and similar fixtures and devices. The fee shall be:
Residential steam room, sauna, indoor installation of hot tub, and similar devices: The fee shall be $100 each.
Indoor installations of hydromassage bathtubs: $25 each.
Circulator, pump and blowers that are part of a fossil fuel furnace system and are rated less than one horsepower: The fee shall be $20 each.
Service, feeder and branch circuit trenches: The fee for each trench shall be $25 for the first 100 feet of trench plus $10 for each additional 100 feet or part thereof.
Transformers with 16 ampere or less output for low voltage lighting or annunciation: The fee shall be $20 each. If greater than 16 ampere output, the fee shall be $60 each.
Swimming pools and hot tubs.
Each motor or electrical device less than or equal to 10 hp; and for each transformer, generator, and device less than or equal to 10 kW: The fee shall be $20 each. Air-conditioning condensers shall be priced at $20.
Each motor or electrical device greater than 10 hp and less than or equal to 50 hp; and for each transformer, generator, and device greater than 10 kW and less than or equal to 30 kW: The fee shall be $90 each. Air-conditioning condensers shall be priced at $40.
Each motor or electrical device greater than 50 hp and less than or equal to 100 hp; and for each transformer, generator, and device greater than 35 kW and less than or equal to 112.5 kW: The fee shall be $100 each.
Each motor or electrical device greater than 100 hp; and for each transformer, generator, and each device greater than 112.5 kW: The fee shall be $300 each.
Service panels, subpanels, automated transfer switches (ATS) or like components. The fees for each shall be:
Radiant heat (electric): The fee shall be $20 each.
Solar Systems. New installations greater than one kW and less than or equal to 20 kW - The fee shall be $150. New installations greater than 20 kW - The fee shall be $300.
Protective Signaling Systems. This includes, but is not limited to fire alarms, smoke alarms, nurse call systems, video systems, communications outlets and other monitoring systems. The fee shall be:
For weekend or other than normal work hour shut downs and/or inspections such as service shut downs: The fee shall be $350.
The minimum electrical subcode shall be:
The minimum fee for amending or changing a permit shall be $60.
The minimum fee for a swimming pool or outdoor hot tub and pool compliant fence barriers, shall be:
Grading Permit Application for Engineering Review of Individual Plot House Location/Grading Plans for Fill over 10 Cubic Yards.
Lot area less than 7,500 square feet $150
Lot area of 7,500 feet but less than one acre $200
Lot area of one acre or greater $300
If original submission is not approved, each subsequent resubmission will require payment of an additional fee as set forth above. If original submission is approved conditionally, no additional fee is required.
[2002 Code § 15.04.020; Ord. No. 475; Ord. No. 3-14-05; Ord. No. 2007-8; Ord. No. 2007-17; Ord. No. 2008-3 § II; New; Ord. No. 2014-02; Ord. No. 2016-06; Ord. No. 2018-14]
[Ord. No. 475; Ord. No. 2016-06]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Borough Council biannually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
[Ord. No. 2008-3 § II]
Editor's Note: Public swimming pools are regulated by N.J.A.C. 8:26-1.1 et seq., Public Recreational Bathing.
As used in this section:
- SWIMMING POOL
- Shall mean either outdoor or indoor, public or private pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading.
- WADING POOL
- Shall mean artificially constructed pools not designated
or used for swimming with a maximum area not exceeding 120 square
feet and a maximum water depth not exceeding 12 inches.[2002 Code § 15.20.010]
[2002 Code § 15.20.020]
It is unlawful to establish or construct a swimming pool without first obtaining a permit in the manner hereinafter prescribed. No permit shall be required for a wading pool.
[2002 Code § 15.20.030]
Application for a permit to construct a swimming pool accompanied by four sides of plans and specifications or proper descriptive brochures and an application fee of $10 shall be made to the Construction Official by the owner of the property. The Construction Official shall not pass upon the structural features or durability of the pool except, in so far as may be necessary, to assure safe and sound construction in accordance with the generally acceptable principles of safe swimming pool construction and for the purpose of insuring compliance with the terms of this section.
[2002 Code § 15.20.040]
If the Construction Official is satisfied with respect to the structural features of the proposed pool, he shall submit the plans and specifications or brochures to the Board of Health which shall review the same for the purpose of assuring that the health and sanitary features and equipment of the pool are in accordance with the terms of this section. If the Board of Health approves the plans and specifications, it shall cause a statement to that effect to be endorsed thereon and return the same to the Construction Official.
[2002 Code § 15.20.050]
All material used in the construction of private swimming pools shall be waterproof and easily cleaned. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be used as a finish. Sand or earth bottoms shall not be used.
[2002 Code § 15.20.060]
There shall be no physical connection between a potable public or private water supply system and such pools at a point below the maximum flow line of the pool or to a recirculating or heating system of a pool unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into a potable water supply system.
[2002 Code § 15.20.070]
All private swimming pools hereafter constructed shall be provided will not over one two-inch diameter galvanized iron pipe or equal drain extending from the pool. The applicant for a permit shall submit plans and specifications indicating where the water from the proposed swimming pool will be emptied together with a certificate satisfactory to the Construction Official that the discharge system will not impair any curbs, gutters and roadways, nor pollute or cause a silting condition in any brook or other natural watercourse.
[2002 Code § 15.20.080]
In the event that it is not practicable to drain a proposed swimming pool into a brook or other watercourse or into a storm sewer as hereinabove provided, facilities may be constructed so that such pool may be emptied or drained by spraying the water therefrom upon the lawn of the owner, provided, however, that if such facilities and method of drainage are to be employed, no permit for such pool shall be issued until the application has been approved by the Construction Official who shall not approve the same unless he is satisfied that such method of drainage and facilities to be provided therefor are practicable, that the owner's lawn is capable of absorbing the water at the rate at which it is proposed to discharge the same thereon and that such discharge of water thereon will not adversely affect any butting property, public or private. The pool shall be so situated that normal surface water shall drain away from the pool.
[2002 Code § 15.20.090]
All private swimming pools shall be so constructed, installed and maintained as to provide necessary equipment for chlorination and other disinfection and filtering to comply with approved bacteriological standards as may be promulgated by regulations issued by the Borough of Health.
[2002 Code § 15.20.100]
No swimming pool shall be constructed or installed in any front yard as the term "front yard" is defined in the Borough's Land Use Regulations. In the case of a corner lot as the term "corner lot" is defined in the Borough's Land Use Regulations no swimming pool shall be constructed or installed nearer to the side street line than the minimum number of feet required for the width of the side yard of the street side of such lot. In no event shall any swimming pool be constructed or installed nearer than 10 feet to any property line of the property upon which the pool is to be located. No private swimming pool or wading pool shall be constructed or installed on any lot unless upon the lot shall be located a residence building as permitted in the zoning regulations of the Borough.
[2002 Code § 15.20.110]
No artificial lighting shall be maintained or operated in connection with the pool in such a manner as to be a nuisance to or an annoyance to neighboring properties.
[2002 Code § 15.20.120]
All outdoor swimming pools shall be enclosed by a substantial fence not less than 48 inches in height, so constructed as to prevent, within reason, any person from gaining access beneath or through the fence and which shall have a similarly substantial gate of the same height as the fence, with facilities for locking the gate when the pool is unguarded. The swimming pool gate is to be kept closed at all times except when opened for the purpose of ingress or egress.
[2002 Code § 15.20.130]
Every private swimming pool shall at all times comply with the requirements of all health authorities having jurisdiction in the premises and any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such swimming pool shall forthwith be abated and removed by the person in possession of such pool upon receipt of notice from the Health Officer or other designated person so requiring.
As used in this section:
- AIR WITHDRAWAL FAN
- Shall mean a large permanently installed high volume fan used to withdraw air from an entire building through pressure and/or mechanically activated louvers in the ceiling of the upper part of a building.
- HEAT DETECTOR
- Shall mean an instrument approved by Underwriters Laboratories, Inc. for the detection of abnormal rise in temperatures.
- SMOKE DETECTOR
- Shall mean an instrument approved by Underwriters Laboratories,
Inc. for the detection of ionized gases or products of combustion
produced by burning or smoldering materials.[2002 Code § 15.16.010]
Smoke or heat detectors shall be installed in the construction of all new buildings except detached accessory buildings which are not to be inhabited.
Smoke or heat detectors shall be installed in a location so as to provide maximum protection to any addition to an existing building provided the addition exceeds 100 square feet of living area.
Smoke or heat detectors shall be installed in any new or existing building in which new central air conditioning or a new forced air heating system is installed.
Smoke of heat detectors shall be installed in any new or existing building in which an air withdrawal fan is installed. In addition, the air withdrawal fan shall have installed at the louvers a safety switch of the fusible link type which is sensitive to high temperatures, ionized gases or products of combustion produced by burning or smoldering materials. The switch shall be electrically connected to the drive motor of the fan so as to disable the fan if abnormally high temperatures due to fire occur. Operation of the thermally sensitive switch shall not impair the closing of the louvers.
[2002 Code § 15.16.020]
Smoke or heat detectors as described above may be either electrically powered, battery powered or a combination of both. Battery powered units shall contain audible signals denoting failure of equipment.
Upon activation the smoke or heat detector shall provide an audible alarm which is to be so disturbed and of such character so that it can be heard in all rooms of the building with the door closed. The audible signal shall be distinctive from other audible signaling devices which may be used for other purposes in the building. The smoke or heat detector systems shall be designed for and capable of either self-restoration or manual restoration to normal conditions for operation. No provisions shall be made for deactivation of the audible alarm other than by reactivation of the system.
[2002 Code § 15.16.030]
Smoke or heat detectors shall be installed in the ceiling so as to provide detection in at least the following locations in a building:
Landing area at the head of each staircase, including a basement staircase in a two or more story building;
Hall or passageway between the living quarters and sleeping quarters of a single story dwelling, or in the hallways between sleeping quarters where only the second story of a two story building is centrally air conditioned;
Combination of paragraphs a. and b. divided between first and upper stories;
In the central return air duct of the central air conditioning unit and the central forced air heating unit.
[2002 Code § 15.16.040]
The smoke or heat detector alarm systems, if electrically powered shall be operated form the building's main electrical supply through a branch supply circuit designated and utilized only for the detector alarm system. The smoke or heat detector shall have a light or other signaling device indicating that the unit is in operation.
In buildings containing central air conditioners, central forced air heating systems or air withdrawal fans, the smoke or heat detector located at the highest point in the residence shall be so connected that activation of the detector will deactivate the main power supply for the central air conditioner, forced air heating system or air withdrawal fan, in addition to sounding the alarm.
[2002 Code § 15.16.050]
[2002 Code § 15.16.060]
No certificate of occupancy shall be issued by the Construction Official until all of the conditions in this section have been satisfied.
[2002 Code § Title 3, Fee Schedule]
The fee for inspection of a smoke detector required under this section shall be $25 per inspection.
[2002 Code § 15.16.070]
Any owner, contractor or their agencies, and any person, firm or corporation who shall violate any of the provisions of this section or fail to comply therewith shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
In accordance with requirements of N.J.S.A. 52:27D-133.3, carbon monoxide detectors are required in certain dwelling units in the Borough.
[Ord. No. 2007-24]
All utility lines and necessary appurtenances including, but not limited to, electric transmission and electric, gas and water distribution, communications, street lighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utilities supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of approval a written statement from each serving utility which shall evidence full compliance with the provisions of the section; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, new building service connections for all multi-family developments, and for any industrial, commercial or office building service connections for all multi-family developments, and for any industrial, commercial or office development containing a floor area of 10,000 square feet or more, shall be installed underground. All other new building service connections shall also be installed underground unless specific waiver is granted by the Planning Board. Whenever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 25 feet in width shall be provided.