Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: For regulations on the safe movement of traffic during periods of construction, see Chapter 26, Streets and Sidewalks.
[1966 Code § 12-4.1; Ord. No. 1991-1 § 16]
There is hereby established an ordinance of the Borough, establishing a State Uniform Construction Code Enforcing Agency, a Construction Fee Schedule and Fire Limits pursuant to Chapter 217, Laws of New Jersey 1975 and Title 5, Chapter 23 of the New Jersey Administrative Code.
[1966 Code § 12-4.2; Ord. No. 1991-1 § 16; Ord. No. 2004-03]
a. 
There is hereby established in the Borough a State Uniform Construction Code Enforcing Agency to be known as the Building Department of Belmar, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency. The Borough shall have the power to provide by resolution for the appointment of and to delineate the functions, powers, duties and responsibilities of all enforcing agency officials that are necessary and proper for the operation of the Uniform Construction Code Enforcing Agency.
b. 
Each official position created in paragraph a shall be filled by a person qualified for such position pursuant to N.J.A.C. 5:23; provided that, in lieu of any particular Subcode Official an onsite inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. 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 to hold each such position.
c. 
The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
d. 
The powers conferred upon the Borough of Belmar's State Uniform Construction Code Enforcing Agency, known as the Building Department of Belmar, or its Construction Official and various subcode officials shall not include the power to act on behalf of, or grant permits, certificates or other similar approvals, for other State, County or local authorities, boards and/or commissions, such as the local Alcoholic Beverage Control Board, Planning Board, Zoning Board or similar agencies. Any permits, certificates or other similar approvals granted by the Building Department of Belmar, or its Construction Official or various subcode officials shall not be deemed to constitute an approval by any other authority, board and/or commission.
[1966 Code § 12-4.3; Ord. No. 1991-1 § 16]
The Borough will not appoint a Board of Appeals but will leave appeals to the jurisdiction of the County of Monmouth.
[1966 Code § 12-4.4; Ord. No. 1991-1 § 16; Ord. No. 1992-16 § 3; Ord. No. 1994-13 § 2; Ord. No. 1994-43 § 1; Ord. No. 2009-05 § I; Ord. No. 2010-16 § I; Ord. No. 2018-06]
a. 
The fees to be charged for permits issued by the building department under the State Uniform Construction Code shall be as set forth in the Schedule I below.
Schedule I - State Uniform Construction Code Fee Schedule
1. 
Building. Building volume or cost. The fees for 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 $0.038 per cubic foot of volume for buildings and structures of group R-3, R-4 & R-5; $0.40 per cubic foot of volume for buildings and structures of groups A-2, A-3, B, H, I-1, I-2, I-3, M, E, R-1 R-2 & U; $0.023 per cubic foot of volume for buildings and structures of groups A-1, A-4, A-5, F-1, F-2, S-1 and S-2, The minimum fee shall be $175.
(b) 
Fees for reconstruction, renovations, alterations and repairs or site construction associated with premanufactured construction, and external utility connections for pre-manufactured construction shall be based upon the estimated cost of the work. The fee shall be in the amount of $34 per $1,000 of the estimated cost of work. From $50,001 to and including $100,000, the additional fee shall be in the amount of $27 per $1,000 of the estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $23 per $1,000 of the estimated cost above $100,000.
(c) 
For the purpose of determining the estimated cost, the applicant shall submit such 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.
(d) 
Fees for additions shall be computed on the same basis for new construction for the added portion.
(e) 
Fees for combination renovations and additions shall be computed separately in accordance with items (a) and (b) above.
(f) 
The fee for tents requiring a construction permit shall be $150.
(g) 
The fee for temporary structures requiring a construction permit shall be $100.
(h) 
The fee for roofing and siding work completed on structures in group R-3 and R-5 or group U accessory to a R-3 or R-5 use, when a permit is required by N.J.A.C. 5:23, shall be $65 per structure. All other groups shall be considered renovation and calculated as per (b) above.
(i) 
The fee for an above-ground swimming pool shall be $140.
(j) 
The fee for an in-ground swimming pool shall be $250.
(k) 
The fee for a permit to construct a wall or ground sign shall be in the amount of $3 per square foot for the first 100 square feet, $2.10 per square foot for the next 400 square feet, and $1.40 per square foot, thereafter. The fee for a permit construct a pylon sign shall be $6 per square foot for the first 100 square feet, $4.75 per square foot for the next 400 square feet, and $3.50 per square foot thereafter.
(l) 
The fee for a permit for lead hazard abatement work shall be $196. The fee for lead abatement clearance certificate shall be $39.
(m) 
The fee for an asbestos removal permit shall be $176.
(n) 
Fees for retaining walls that require a construction permit shall be as follows:
(1) 
The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $210;
(2) 
The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $106;
(3) 
The fee for a retaining wall of any size that is associated with other than a Class 3 residential structure shall be in accordance with 1(b) above.
(o) 
The fee for a deck accessory to a group R-3, R-4 or R-5 structure shall be calculated accordance with 1(b) above.
2. 
Plumbing. Plumbing fixtures and equipment: The fees shall be as follows:
(a) 
The fee shall be in the amount of $20 per fixture, piece of equipment or appliance connected to the plumbing system, and for each appliance connected to the gas piping or oil piping system, except as indicated below.
(b) 
The fee shall be $91 per special device for the following: grease traps, oil separators, 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, active solar systems, sewer pumps and interceptors. There shall be no inspection fee charged for gas service entrances.
3. 
Electrical. The electrical Subcode fees shall be as follows:
(a) 
For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $50; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $20. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light-standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower (hp) or one kilowatt (kW).
(b) 
For each motor or electrical device rated from one hp or one kW to 10 hp or 10 kW; for each transformer or generator rated from one kW or one kva to 10 kW or 10 kva; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydro massage bath tub; for each underwater lighting fixture; for household electric cooking equipment rated up to 16 kW; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light-standard greater than eight feet in height including luminaries; and for each communications closet, the fee shall be $20.
(c) 
For each motor or electrical device rated from greater than 10 hp or 10 kW to 50 hp or 50 kW; for each service equipment, panel board, switch board, switch gear, motor-control-center, or disconnecting means rated 225 amperes or less; for each transformer or generator rated from greater than 10 kW or 10 kva to 45 kW or 45 kva; for each electric sign rated from greater than 20 amperes to 225 amperes including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $75.
(d) 
For each motor or electrical device rated from greater than 50 hp or 50 kW to 100 hp or 100 kW; for each service equipment, panel board, switch board, switch gear, motor-control-center or disconnecting means rated from greater than 225 amperes to 1,000 amperes; and for each transformer or generator rated from greater than 45 kW or 45 kva to 112.5 kW or 112.5 kva, the fee shall be $150.
(e) 
For each motor or electrical device rated greater than 100 hp or 100 kW; for each service equipment, panel board, switch board, switch gear, motor-control-center or disconnecting means rated greater than 1,000 amperes; and for each transformer or generator rated greater than 112.5 kW or 112.5 kva, the fee shall be $640.
(f) 
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be $20 which shall include any required bonding, and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panelboards and underwater lighting fixtures. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with 3(a) through (e) above.
(g) 
The fee charged for the installation of single and multiple station smoke or heat detectors and fire, burglar or security alarm systems in any one or two-family dwelling shall be a flat fee of $75 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one or two-family dwellings, the fee shall be charged in accordance with 3(a) through (e) above.
(h) 
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual loadside panel boards shall be charged in accordance with 3 (c), (d) and (e) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(i) 
For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters, and disconnecting means.
(j) 
For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder as follows:
(1) 
Two hundred twenty-five amperes or less, the fee shall be $75.
(2) 
Two hundred twenty-six to 1,000 amperes, the fee shall be $150 and
(3) 
Greater than 1,000 amperes, the fee shall be $640.
(k) 
The fee charged for process equipment shall be based on the ampere rating of the overcurrent device protecting the conductor feeding the process equipment or the cutoff device.
(l) 
For the purpose of computing these fees, all electrical and communications devices, utilization equipment and motors which are part of premises wiring, except those which are portable plug-in type, shall be counted.
(m) 
For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:
(1) 
One to 50 kilowatts, the fee shall be $75.
(2) 
Fifty-one to 100 kilowatts, the fee shall be $150.
(3) 
Greater than 100 kilowatts, the fee shall be $640.
(n) 
The fee for the annual electrical inspection of swimming pools, spas or hot tubs shall be $100 for the first pool, spa or hot tub and $50 for each additional pool, spa or hot tub at the same location.
4. 
Fire. For fire protection and 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, incinerators and crematoriums, the fee shall be as follows:
(a) 
The fee for 20 or fewer heads shall be $100 for 21 to and including 100 heads, the fee shall be $200; for 101 to and including 200 heads, the fee shall be $350; for 201 to and including 400 heads, the fee shall be $1,000 for 401 to and including 1,000 heads, the fee shall be $1,500; for over 1,000 heads, the fee shall be $1,300.
(b) 
The fee for one to 12 detectors shall be $50; for each 25 detectors in addition to this, the fee shall be in the amount of $25.
(c) 
The fee for each standpipe shall be $321.
(d) 
The fee for each independent pre-engineered system shall be $129.
(e) 
The fee for each gas oil or solid fuel fired appliance shall be $75.
(1) 
Exception. New or replacement fuel fired appliances in an existing structure of Group R-3 or R-5 inspected in accordance with N.J.A.C. 5:23-3.4(d) or N.J.A.C. 5:23-3.4(d)1, the fee shall be in accordance with Subsection E below.
(f) 
The fee for each kitchen exhaust system shall be $75.
(g) 
The fee for each incinerator shall be $511.
(h) 
The fee for each crematorium shall be $511.
5. 
Mechanical. The fee for a mechanical inspection in an existing structure of Group R-3 or R-5 in accordance with N.J.A.C. 5:23-3.4(d) or N.J.A.C. 5:23-3.4(d)1 shall follow the same fee schedule for plumbing as listed in paragraph 2.
6. 
The fee for the issuance of a building, electric, plumbing fire protection or mechanical permit that a fee has not been determined shall be $50.
7. 
Demolition. The fee for a demolition or removal permit shall be $100 for a structure of less than 5,000 square feet in area and less than 30 feet in height, for one- or two-family dwellings (Group R-3 or R-5 of the building subcode), structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d), and $168 for all other Groups. The fee for demolition or installation of a fuel storage tank or septic tank accessory shall be $100.
8. 
Certificates.
(a) 
The fee for a certificate of occupancy shall be $35.
(b) 
The fee for a certificate of occupancy granted pursuant to a change of use shall be $168.
(c) 
The fee for a certificate of continued occupancy issued under N.J.A.C. 5:23-2.23(c) shall be $168.
(d) 
The fee for the first issuance and the renewal of a temporary certificate of occupancy shall be $35.
(e) 
Exceptions.
(1) 
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.
9. 
Variations. The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $821 for class I structures, $168 for class II structures and for class III structures. The fee for resubmission of an application for a variation shall be $321 for class I structures and $91 for class II structures and $50 for class III structures.
10. 
Annual Permits.
(a) 
The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building/fire protection, electrical and plumbing.
(b) 
Fees for annual permits shall be as follows:
(1) 
One to 25 workers (including foremen) $933/worker; each additional worker over 25, $329/worker.
(2) 
Prior to the issuance of the annual permit, a training registration fee of $196 per subcode and a list of not more than three individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Code Services, Education Unit along with a copy of the construction permit (Form F170). Checks shall be made payable to "Treasurer, State of New Jersey." The Department shall register these individuals and notify them of the courses being offered.
b. 
A copy of the fee schedule of the Department of Community Affairs, Bureau of Construction Code Enforcement shall be maintained on file in the building department and in the office of the Borough Clerk.
c. 
All applicable fees shall be paid before a permit is issued.
d. 
Minimum fee for any permit issued shall be $50.
e. 
All permit fees for the installation of solar panels shall be waived except for the State of New Jersey D.C.A. Training Fee and any other fee required by any agency other than the Borough of Belmar.
[1966 Code § 12-4.5; Ord. No. 1991-1 § 16]
The fire limits heretofore established by the Revised General Ordinances of the Borough shall be considered to be the fire limits established as required by N.J.A.C. 5:23.
The Construction Official shall prepare and submit to the Mayor and Borough Council biannually, a report re-evaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official, and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
[1966 Code § 12-4.6; Ord. No. 1991-1 § 16]
This section shall take effect as of January 1, 1977, after final publication and passage as provided for by law, and a copy thereof shall be forwarded to the Department of Community Affairs.
[Ord. No. 1993-15 §§ 1, 2; Ord. No. 2017-18]
The following sections and subsections of the State Uniform Construction Code are hereby amended by replacement with the following:
a. 
3105.1 Awnings and Canopies.
1. 
A fixed awning as regulated by this section shall include any structure made of cloth, plastic or fabric with a frame attached to a building and projecting over a sidewalk or other public thoroughfare.
2. 
A retractable awning as regulated by this section shall include any structure made of cloth, plastic or fabric with a frame that retracts against a building or other structure to which it is entirely supported.
3. 
A canopy as defined by this section shall include any structure, other than an awning, made of cloth, canvas, plastic or metal with frames attached to a building, projecting or nonprojecting, over a sidewalk or other public thoroughfare, and carried by a frame, supported by the ground. Canopies are hereby prohibited, except as may be permitted in connection with an Outdoor Dining Area, an Outdoor Eating Area or a Sidewalk Cafe pursuant to Code Section 40-7.32.
b. 
3105.2 Permit. A permit shall be obtained from the Code Official for the erection, repair or replacement of any fixed awning, except as provided for in Code Section 25-1.7(c), and for any retractable awning located at the first-story level and extending over the public street or over any portion of a court or yard beside a building serving as a passage from a required exit or exit discharge to a public street.
c. 
3105.3 Exemption from permit. A permit under this section shall not be required: for canopies permitted under Code Section 40-7.32.2 for an Outdoor Dining Area, an Outdoor Eating Area, or a Sidewalk Cafe; for the erection, repair or replacement of fixed or retractable awnings installed on occupancies in Use Group R-3 unless such awnings project over a sidewalk or other public thoroughfare; for retractable awnings installed above the first story; or where the awning does not project over the public street or over any court or yard serving as a passage from a required exit to a public street.
d. 
3105.4 Retractable awnings. There shall be a minimum clearance of seven feet (2,134 mm) from the sidewalk or other public thoroughfare to the lowest part of the framework or any fixed portion of any retractable awning, except that the bottom of the valance of canvas shall have a minimum clearance of six feet nine inches (2,057 mm) above the sidewalk or other public thoroughfare. Retractable awnings shall be securely fastened to the building and shall not extend closer than 12 inches (305 mm) in from any curb line or the edge of any public thoroughfare, as the case may be. Retractable awnings shall be equipped with a mechanism or device for raising and holding the awning in a retracted or closed position against the face of the building.
e. 
Fixed or permanent awnings. The clearance from the sidewalk or other public thoroughfare to the lowest part of any fixed or permanent awning shall be the same as required in Code Section 25-1.7(d) for retractable awnings. Fixed or permanent awnings installed above the first story shall not project more than four feet (1,219 mm).
f. 
Canopies. Requirements for canopies permitted in connection with an Outdoor Dining Area, an Outdoor Eating Area or a Sidewalk Cafe shall be governed by Code Section 40-7.32.
g. 
Awning signs. An awning is considered a wall sign and only the bottom 10 inches of the drop-leaf or fringe may be used for the name of the business, logo, and street number, and occupying an area no greater than 40% of the total bottom 10 inches known as the drop-leaf or fringe. No advertising shall be placed on any other portion of an awning, except the drop-leaf or fringe area, erected or maintained in the business, beachfront business and light manufacturing zones, as defined by the Zoning Ordinance.
[1]
Editor's Note: Former Section 25-2, BOCA National Property Maintenance Code, previously codified herein and containing portions of 1966 Code § 12-5.1 and Ordinance Nos. 1991-1, 1992-21 and 1992-31 was repealed in its entirety by Ordinance No. 2001-01. See Section 26-1 for BOCA provisions.
[1966 Code § 12-3; Ord. No. 1991-1 § 16]
All buildings in the Borough of Belmar shall be numbered in accordance with the following provisions.
[1966 Code § 12-3.1; Ord. No. 1991-1 § 16]
All buildings located upon avenues running west from Ocean Avenue shall be numbered by what is known in cities as the "hundred block system," beginning at Ocean Avenue, on the north side of the Avenue, with number 100, alternating to the south side of the block with the next succeeding number and so continuing throughout the block; beginning the second block with number 200 and numbering as in block number one, and beginning each succeeding block with the hundred number thereof and numbering as in blocks number one and number two, and so continuing throughout the various blocks to the westerly line of the Borough, and on all streets running south from Shark River, beginning at Shark River, on the east side of the first street west of the easterly line of the Borough with number 100 and alternating to the west side of that block with number 101, and so continuing throughout as on the avenues, beginning the second block with number 200, and numbering as in block number one, and beginning each succeeding block with the hundred number of said block and numbering as in blocks number one and two, and so continuing throughout the various blocks to the southerly line of the Borough; and beginning the first block south of Shark River on the second street and on each succeeding street with the hundred number of the most northerly intersecting avenue.
[1966 Code § 12-3.2; Ord. No. 1991-1 § 16]
Each figure of the number of each house shall be an Arabic figure, at least two inches in length and 1/2 inch in width, and placed above or on the panel of the door or in some other conspicuous place where it is easily discernible at the front entrance of the building.