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:
(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.
(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.
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.
[Added 10-5-2021 by Ord. No. 2021-31]
a.
Extermination of buildings. No abandoned or vacant building or structure
within the Borough of Belmar may be demolished or removed unless the
same is first completely exterminated to rid the premises of infestation
of vermin and rats. The Building Subcode Official shall require a
certification, in writing, from a reputable exterminating company
that it has treated the building and premises for the extermination
of vermin and rats. The certification shall set forth the date on
which the buildings and premises were treated, and a minimum period
of seven days must elapse from the time premises were treated before
a demolition permit will be issued.
b.
Dust control and water usage during demolition.
1.
All demolition contractors, builders and construction contractors
who perform demolition activities in the Borough of Belmar must either
provide proof that a water truck will be utilized at any demolition
site or obtain a permit from the Water and Sewer Department for temporary
use of a hydrant. Fee shall be $50 for a temporary water meter for
the hydrant use. Proof of such permit must be provided in addition
to the current demolition permit requirements.
2.
Water must be sprayed during demolition to help control windblown
fine materials such as soil, concrete dust and paint chips. The amount
of water must be controlled so that runoff from the site does not
occur, yet dust control is achieved. To protect the stormwater drainage
system from runoff and loose particles, adjacent street gutters, sidewalks,
driveways and other paved surfaces in the immediate area of the demolition
must be swept daily to collect and properly dispose of loose debris
and garbage.
3.
All persons,
including all contractors, builders, and homeowners, who perform any
type of demolition of any structure, whether such demolition be partial
or total, in the Borough of Belmar, or who perform any type of construction
in the Borough of Belmar, must ensure that all dust and debris arising
from the demolition or construction shall be contained on the property
where the demolition or construction is performed.
[Added 8-8-2023 by Ord. No. 2023-15]
c.
Compliance with State of New Jersey Uniform Construction Code. All buildings or structures within the Borough of Belmar may be demolished upon compliance with § 25-2 of the Borough of Belmar Revised General Ordinances as well as the State of New Jersey Uninform Construction Code, N.J.A.C. 5:23-2.17.
d.
Time for completion. All building or structures demolished within
the Borough of Belmar pursuant to this section shall have all work
completed and the debris removed from the premises in a period that
shall not exceed 30 days from the date that construction/demolition
work is first performed. However, this section shall not in any way
conflict with the life expectancy of a construction permit issued
pursuant to N.J.A.C. 5:23-2.14(e)(2). A recipient of a demolition
permit pursuant to this subsection shall also be granted an extension
of time, not to exceed 30 days, by filing a written request for an
extension of time to the Borough Construction Official which demonstrates
that the delay in the demolition and cleanup process is not a result
of its own inadvertence.
[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.
