[Ordinance #742, S 1; Ordinance #742B-86-6, S 1]
There is hereby established in the Borough a State Uniform Construction Code Enforcing Agency to be known as the Division of Construction, 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 Commission 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. All officials within the Division of Construction shall be appointed in accordance with the Charter of the Borough and Chapter 2, Article I, Administrative Code.
Each official position created in paragraph a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217, as amended, and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an 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 P.L. 1975, C. 217, and N.J.A.C. 5:23 to hold each such position.
The public shall have the right to do business with the enforcing agency at 263 Somerset Street, North Plainfield, except for emergency situations.
[Ord. #742, S 2; Ord. #742B-86-6, S 1; Ord. #742C-88-1, S 1; Ord. #90-08, S1; Ord. #91-10, SS 13-19; Ord. #98-01, SS 1-10; Ord. #99-03; Ord. #05-20; Ord. No. 2017-10]
Fees. The fee for a construction permit shall be the sum of the subcode fees listed in paragraphs a1 through 5 below and shall be paid prior to the issuance of a permit. 20% of the construction permit fee shall be considered as the plan review fee, which will be paid at the enforcing agency's office at the time the permit is issued and is nonrefundable.
Building Subcode Fees.
Fees for new construction shall be based upon the volume of the structure. This fee shall be in the amount of $0.039 per cubic foot. The minimum fee shall be $65.00 for a single trade.
Fees for renovations, alterations, repairs, reroofing, siding, foundations for premanufactured construction or relocated structures, the fee shall be based upon the estimated cost of work. This fee shall be as follows:
$31.00 per $1,000.00 of estimated cost of work up to $75,000.00 of estimated cost of construction;
$24.00 per $1,000.00 for estimated cost of work from $75,001.00 to $150,000.00 estimated cost of construction; and
$20.00 per $1,000.00 for additional costs over $150,000.00 estimated cost of construction. The minimum fee shall be $65.00 for a single trade.
The fee for temporary structures and all structures for which volume cannot be computed shall be $75.00.
Fees for additions shall be computed on the same basis as for new construction (volume) for the added portion.
Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with paragraphs (a) and (b) above.
The fee for construction or installation of a single-family residential inground swimming pool shall be $160.00. The fee for construction or installation of all other use groups inground swimming pools shall be $175.00. The fee for aboveground pools shall be $75.00.
The fee for the construction or installation of tennis courts, sports courts or spas shall be $165.00.
Plumbing Subcode Fees.
The fee shall be in the amount of $22.00 per fixture or stack such as sinks, water closets, urinals, bath tubs, showers, clothes washers, dishwashers, hose bids, etc., except as listed below in 2(b) and (c). The minimum fee shall be $66.00 for single trade only.
The domestic hot water heater replacement fee shall be $62.00.
The fee for special devices shall be $82.00 for the following: grease traps, oil separators, water cooled air conditioning units, refrigeration units, hot water boilers (excluding domestic hot water heaters), gas piping, fuel oil piping, interceptors, water and sewer connections, active solar systems, sewer pumps and radon hazard systems. The fee for a mechanical inspection for R3 and R4 structures shall be $100.00.
Electrical Subcode Fees.
For from one to 50 receptacles or fixtures, the fee shall be in the amount of $52.00; for each 25 receptacles or fixtures in addition to this, the fee shall be $9.00. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles, smoke and heat detectors, or similar fixtures and motors or devices of less than or equal to one horsepower or one kilowatt.
For each motor or electrical device greater than one horsepower and less than or equal to 10 horsepower and for transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts, the fee shall be $20.00.
For each motor or electrical device greater than 10 horsepower and less than or equal to 50 horsepower; for each service panel, service entrance or subpanel less than or equal to 200 amperes; for transformers and generators greater than 10 kilowatts and less than or equal to 45 kilowatts; and, for each utility load management device, the fee shall be $60.00.
For each motor or electrical device greater than 50 horsepower and less than or equal to 100 horsepower; for each service panel, service entrance or subpanel greater than 200 amperes and less than or equal to 1,000 amperes; and for transformers and generators greater than 45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall be $160.00.
For each motor or electrical device greater than 100 horsepower; for each service panel, service entrance or subpanel greater than 1,000 amperes; and for transformers and generators greater than 112.5 kilowatts, the fee shall be $580.00.
For the purpose of computing the fees, all motors, except those in plug-in appliances, shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.
Fire Subcode Fee.
The fee for sprinkler systems shall be $100.00 for up to 20 heads;
For 21 to and including 100 heads, the fee shall be $240.00;
For 101 to and including 200 heads, the fee shall be $5.00 per head;
For 201 to and including 1,000 heads, the fee shall be $5.00 per head; and
For 1,001 heads and over, the fee shall be $3.00 per head.
The fee for each standpipe shall be $300.00.
The fee for each independent pre-engineered suppression system shall be $175.00.
The fee for each gas or oil-fired appliance which is not connected to the plumbing system shall be $60.00.
The fee for each kitchen exhaust system shall be $150.00.
The fee for spray booths exhaust system shall be $125.00
The fee for a wood/coal burning stove, pre-fab or masonry fireplace shall be $125.00.
The fee for smoke, heat detectors and manual fire alarms shall be as follows:
The fee for smoke, heat detectors and manual fire alarms shall be $135.00 for up to 20 alarms.
For 21 up to and including 100 alarms, the fee shall be $265.00;
For 101 to and including 200 alarms, the fee shall be $5.00 per alarm;
For 201 to and including 400 alarms, the fee shall be $5.00 per alarm;
For 401 to and including 1,000 alarms, the fee shall be $5.00 per alarm; and
For 1,001 alarms and over, the fee shall be $3.00 per alarm.
The fee for R3 and R4 fire alarm systems shall be $60.00.
The fee for fire pumps shall be $300.00 each.
The fee for incinerators shall be $300.00 each.
The fee for unit heaters shall be $30.00 each.
The fee for exit-egress lighting shall be $55.00 (minimum fee) each.
The fee for chimney relining shall be $60.00.
The minimum fee for any work requiring plan review which is not listed or itemized above, i.e., fire separation, emergency lighting, flame spread and smoke ratings, etc. shall be $75.00.
Certificates and Other Special Fees:
The fees for Certificates shall be as follows:
The fee for a demolition and/or removal permit of a building or structure shall be $90.00. The fee for a demolition and/or removal permit of a building or structure shall be $250.00 for structures over 500 square feet.
The fee for removal or abandonment of underground storage tanks shall be $90.00 each for tanks up to 1,000 gallons and $125.00 each for tanks over 1,001 gallons.
The fee to construct or erect a sign shall be $1.50 per square foot surface area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $55.00. For any sign over 25 square feet, the fee shall be $110.00.
The fee for the installation of under- or above-ground fuel storage tanks up to 1,000 gallons shall be $90.00. For tanks over 1,001 gallons, the fees shall be $140.00.
The fee for asbestos or lead abatement projects shall be as follows:
The administrative fee for each construction permit issued for asbestos hazard abatement project shall be $100.00.
The administrative fee for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project shall be $25.00.
The fee for lead abatement projects shall be $185.00.
The fee for a Certificate of Clearance shall be $40.00.
The fee for a variation request application shall be:
The fee for an application for the Construction Board of Appeals shall be $100.00.
The fee to reinstate a lapsed permit shall be 25% of the initial permit fee, provided such application is made within one year from the date the initial permit lapsed. Thereafter, the fee to reinstate a lapsed permit shall be 100% of the initial permit fee.
Additional Recommended Categories and Fees:
At the time of issuance of any construction and/or demolition permit(s), where the permittee possesses 21 or more cubic yards of construction and/or demolition waste materials, the Construction Official shall provide to the permittee written instruction on proper disposal and recycling of the construction and/or demolition waste materials.
The Construction Official shall also furnish to the permittee a "Notification of Construction/Demolition Activity Form." The permittee shall complete and execute the form and transmit it via facsimile to the Somerset County Department of Health-CEHA OPERATIONS within 48 hours of the issuance of a construction and/or demolition permit.
[Ord. #516, S 1]
The Construction Official of the Borough is hereby designated as the officer to exercise the powers prescribed by the within Section and he shall serve in such capacity without any additional salary.
[Ord. #516, S 2]
For the purpose of the within Section the Construction Official may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings 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 or uncleanliness.
[Ord. #516, S 3]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1) the "New Jersey State Housing Code" as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's Office is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the "New Jersey State Housing Code" is annexed to this Section and three copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
[Ord. #516, S 4]
Whenever a petition is filed with the Construction Official by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Borough charging that any dwelling is unfit for human habitation as herein defined, or whenever it appears to the Construction Official (on his own motion) that any dwelling is unfit for human habitation, as herein defined, he shall, if his preliminary investigation discloses a basis for such changes, issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Construction Official (or his designated agent) at a place therein fixed not less than 10 days nor more than 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 time and place fixed in the complaints; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Construction Official.
[Ord. #516, S 5]
If after such notice and hearings, the Construction Official determines that the dwelling under consideration is unfit for human habitation, as herein defined, he shall state in writing his findings of fact upon the owner thereof and parties in interest an order 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 to have the building vacated and closed within the time set forth in the order; and
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, that the owner 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 Construction Official may cause such building to be repaired, altered or improved, or to be vacated and closed; the Construction Official 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 Construction Official 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.
The amount of:
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 Section determined in favor of the Borough; and
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 municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Construction Official, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, the proceeds of any sale of such 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 credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the Construction Official, shall be secured in such manner as may be directed by such 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 subsection 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 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 amount or the accuracy of the costs set forth in the municipal lien certificate.
[Ord. #516, S 6]
Complaints or orders issued by the Construction Official pursuant to this Section, shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Construction Official in the exercise of reasonable diligence, and the Construction Official shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County of Somerset and circulating in the Borough. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the County Recording Officer of the County in which the dwelling is located.
[Ord. #516, S 7]
The Construction Official is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Section, including the following in addition to others herein granted:
To investigate the dwelling conditions in the Borough in order to determine which dwellings therein are unfit for human habitation;
To administer oaths, affirmations, examine witnesses and receive evidence;
To enter upon premises for the purpose of making examination, provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this Section; and
To delegate any of his functions and powers under this Section to such officers and agents as he may designate.
[Ord. #516, S 8]
Nothing in this Section shall be construed to abrogate or impair the power of the Borough or any officer or department to enforce any provisions of its character, or its 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 upon the Borough by any other law or ordinance.
[Ord. #747, S l]
There is hereby established the following fees to be paid to the municipal agency administering the "Senior Citizen and Disabled Protected Tenancy Act":
The sum of $10 per unit to be paid by the owners upon submission of tenant lists, forms and stamped, addressed envelopes to the administrator, agency or officer upon the proposed conversion of an apartment building to a condominium.
The sum of $50 to be paid by the owners hereinabove specified whenever a hearing shall be required pursuant to the statute or rules and regulations adopted pursuant thereto.
Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 713 and 91-13.
[Ord. #92-04, S 1]
CERTIFICATE OF MUNICIPAL CODE COMPLIANCE - Shall mean certificate issued by the Municipal Code Compliance Officer certifying that, upon inspection, residential premises comply with applicable ordinances and codes of the Borough of North Plainfield.
CODE COMPLIANCE OFFICER - Shall mean the person designated by the Mayor to receive and process applications for Municipal Code Compliance Certificates; to collect any fees in connection therewith; to inspect or cause the inspection of the premises involved; and to issue Certificates of Municipal Code Compliance.
DWELLING UNIT- Shall mean any room or rooms, or suite or apartment thereof, located within any one-family, two-family, or any other home not included within the terms of the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1, et seq., whether furnished or unfurnished, which is occupied, intended, arranged or designed to be occupied for sleeping and/or dwelling purposes, by one or more persons, including, but not limited to, the owner(s) thereof.
OCCUPY - Shall mean one or more persons dwelling or sleeping in a dwelling unit overnight, or customarily utilizing a dwelling unit for shelter whether overnight or in the daytime.
RESIDENTIAL PREMISES - Shall mean any dwelling unit(s), structure(s) of which the dwelling unit(s) form a part, and any accessory building(s) on the property.
[Ord. #92-04, S 1]
No person shall occupy, permit, or cause to be occupied, any residential premises after title to same has been conveyed, unless a valid Certificate of Municipal Code Compliance has been issued in the name of the new owner(s).
[Ord. #92-04, S 1]
Any person purchasing residential premises within the Borough of North Plainfield or his agent may apply for a Certificate of Municipal Code Compliance. Application shall be made upon a form prescribed by the Code Compliance Officer and shall be accompanied by the required fee.
[Ord. #92-04, S 1]
No later than 10 days following submission of an application and payment of the required fee, the Code Compliance Officer shall cause an inspection of the residential premises to be made and, if no ordinance or code violations are found, issue a Certificate of Municipal Code Compliance, or, in the event existing ordinance or code violations are found, submit to the applicant a written report designating such ordinance or code violations. In the event that the premises were not made available for inspection, a written notification of that fact shall be made to the applicant. The Code Compliance Officer shall transmit copies of any reports designating existing ordinance and/or code violations to the appropriate municipal officers or agencies.
[Ord. #92-04, S 1; Ord. #96-19, S 1; Ord. #05-20]
There shall be a fee of $50 for a Certificate of Municipal Code Compliance plus a fee of $30 for each dwelling unit paid prior to each reinspection of the problems under the same application.
[Ord. #92-04, S 1]
The Tax Collector of the Borough of North Plainfield shall provide to each person requesting a tax search, a statement advising that no residential premises may be occupied after title has been conveyed unless a Certificate of Municipal Code Compliance has been issued.
[Ord. #92-04, S 1]
Each day residential premises are occupied in violation of the provisions of this Section shall be considered a separate and distinct violation.
[Ord. #92-04, S 1]
Any person who violates any provision of this Section shall be subject to the penalty provision of N.P.R.G.O. 1-5 for each violation.
[Ord. #96-13, S 1]
Any tenant who receives a notice of eviction pursuant to N.J.S. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy, as set forth in N.J.S. 2A:18-61.1.g(3), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner of the structure shall be liable for the payment of relocation assistance pursuant to this subsection.
[Ord. #96-13, S 1]
An additional fine for zoning or housing code violation for an illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, shall be paid to the Borough by the owner of the structure.
[Ord. #96-13, S 1]
For the purposes of this Section, the owner of a structure shall exclude mortgagees in possession of a structure through foreclosure.