[Ord. No. 153 § 1]
There is hereby established in the Borough a State Uniform Construction Code Enforcing Agency to be known as Building Department of the Borough of Interlaken, 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.
Qualifications of Officials. Each official position created in Subsection 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 on-site 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.
Location of Office. 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.
[Ord. No. 158 § 1; Ord. No. 332 §§ 1—7; Ord. No. 381 § 1; Ord. No. 392 § 1; Ord. No. 394; Ord. No. 2010-8 § 2; Ord. No. 2012-3; amended 4-17-2019 by Ord. No. 2019-2]
The fee for a construction permit shall be the sum of fees listed below and shall be paid before the permit is issued; provided, however, if in the opinion of the Construction Official, the alteration or repair is minor in nature and the cost thereof is not more than $200, he may determine that a construction permit is not required.
Plan review fee. The fee for plan review shall be 20% of the amount to be charged for a new construction permit.
Basic construction fee. The basic construction fee shall be the sum of the parts computed on the basis of the volume or the cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electric fixtures and devices and the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates provided herein plus any special fees.
Building volume of cost: The fees for new construction or alteration are as follows:
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 $0.30 per cubic foot of volume for buildings and structures of all use groups and types of construction.
Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. The fee shall be in the amount of $30 per $1,000.
Fees for additions shall be computed on the same basis for new construction for the added portion.
Plumbing fixtures and equipment: The fees shall be as follows:
The fee shall be $25 per fixture connected to the plumbing system for all fixtures and appliances except as listed below:
The fee shall be $75 per special device for the following: grease traps, oil separators, air-conditioning units, refrigeration units, water utility connections, sewer utility connections, backflow preventors, gas service entrances, active solar systems, sewer pumps, interceptors and fuel oil piping.
The fee shall be $75 for the installation of lawn sprinklers.
The fee shall be $75 for the installation of a domestic boiler (hot water or steam).
The fee shall be $85 for the installation of a commercial boiler (hot water or steam).
The fee shall be $75 for residential gas piping.
Water heater: $75.
Pool drains: $75.
The minimum for any plumbing permit shall be $75.
Electrical subcode fees.
Fixture and devices: For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, sensors, dimmers, alarm devices, smoke and heat detectors, communication outlets, emergency lights, electric sign, exit lights, florescent fixtures, convenience receptacles or similar fixtures and devices rated 20 amps or less including motors or devices of less than one horsepower or one kilowatt.
For the first 50 receptacles or fixtures, the fee shall be $75. For each additional 25 (or part thereof) receptacles or fixtures, the fee shall be $20.
Motors, generators, transformers: For the purposes of computing this fee, all motors except those in plug-in appliances shall be counted including control equipment, generators, transformers and all heating, cooking and other devices consuming or generating electrical current.
The permit fee for motors and electrical devices:
The permit fee for generators and transformers: Over one kilowatt and less than or equal to 10 kilowatts shall be $30.
Residential pools, hot tubs and spas: The permit fee for an in-ground swimming pool, hot tub or spa shall be $75.
Irrigation rain sensors: The permit fee for an irrigation rain sensor shall be $25.
The minimum for any electrical permit shall be $75.
Fire protection and other hazardous equipment.
Sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, fireplaces and flues:
The fee for 20 or fewer sprinkler heads or detectors shall be $75; for 21 to and including 100 heads or detectors, the fee shall be $100; for 101 to and including 200 heads and detectors, the fee shall be $175; for 201 to and including 400 heads and detectors, the fee shall be $450; for 401 to and including 1,000 heads and detectors, the fee shall be $500; for over 1,000 heads or detectors, the fee shall be $800. In computing fees for heads and detectors, the number of each shall be counted separately and two fees, one for heads and one for detectors, shall be charged.
The fee for each standpipe shall be $200.
The fee for each gas- or oil-fired appliance which is not connected to the plumbing system shall be $75.
The fee for each fireplace shall be $75.
The fee for each flue attached to an oil- or gas-fired appliance shall be $75.
The fee shall be $100 for the installation of residential fuel tanks.
Certificates and other permits. The fees are as follows:
The fee for the demolition permit of a one-family dwelling shall be $1,000; for the demolition of a garage or shed, the fee shall be $150 up to 500 square feet.
The fee for the removal of an in-ground fuel storage tank shall be $100.
The fee for a permit to move a building or structure from one lot to another or to a new location on the same lot shall be $1,000 plus the cost of the new foundation; alterations to the building or structure for the placement in a completed condition in the new location shall be computed as required for renovations, alterations and repairs in Subsection 10-1.2b1(b).
The fee for a permit to install an inground swimming pool shall be $30 per $1,000.
The fee to erect a pool fence shall be $30 per $1,000.
The fee for an asbestos removal permit shall be $150, and the fee for a certificate of occupancy after asbestos shall be $100.
The fee for a certificate of occupancy for new construction shall be 15% of total permit cost of project.
The fee for a continued of certificate of occupancy shall be $200.
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $200. The fee for a resubmission of an application for a variation shall be $100.
The fee for the issuance of a construction permit that includes an item for which a fee has not been established shall be $75 for all disciplines except for building, which is $85.
In order to provide training, certification and technical support programs required by the Uniform Construction Code Act and the Regulations, in addition to the fees, a surcharge fee of $0.0334 per cubic foot of volume of new buildings and additions shall be charged. Volume shall be computed in accordance with N.J.A.C 5:23-2.28. The fee for all other construction shall be $1.70 per $1,000 of value of construction. The surcharge shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31 and June 30, and no later than one month succeeding the end of the quarter for which it is due.
[Ord. No. 228 § 1]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the "New Jersey State Housing Code," as approved by the Department of Health, Conservation and Economic Development (now the Department of Health and Senior Services) and filed in the Office of the Secretary of State on January 31, 1962, and as amended and readopted by the Department of Community Affairs pursuant to the authority of N.J.S.A. 40:49-5.1 and Title 8 of the New Jersey Administrative Code, is hereby accepted, adopted and established in and for the Borough of Interlaken, as the standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation or occupancy or use and governing the condition of dwellings. The "New Jersey State Housing Code" is incorporated as if fully set forth at length herein. Three copies of the same have been placed on file in the office of the Borough Clerk and will remain on file for the use and examination of the public.
[Ord. No. 228 § 2]
This section, together with the New Jersey State Housing Code, shall be known as the Housing Code of the Borough of Interlaken, and they are hereinafter referred to as the "Housing Code."
[Ord. No. 228 § 3]
The provisions of the Housing Code shall apply in all buildings and structures that are specifically provided for in the New Jersey State Housing Code, but are not limited thereto. Included therein shall be the prohibition of unfit buildings as described in N.J.S.A. 40:48-2.3 et seq., and the powers given to the municipality thereunder.
[Ord. No. 228 § 4]
The Construction Official or, in his absence or incapability, the Health Officer of the Borough shall be and is hereby designated as the Public Officer to exercise the powers set forth herein, and he shall serve in such capacity without any additional salary. 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. All references in this section to Construction Official shall include the Health Officer when applicable.
To investigate the dwelling conditions in the Borough of Interlaken in order to determine which dwellings therein are fit for human habitation.
To administer oaths and affirmations, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examinations, 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.
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
[Ord. No. 228 § 5]
The Construction Official or the Health Officer is hereby authorized and directed to make inspections to determine the conditions of buildings, dwellings, dwelling units, rooming units, and premises located within the Borough in order that they may perform their duty of safeguarding the health and safety of the occupants of buildings or dwellings and of the general public. For the purposes of making such inspections, the Construction Official or the Health Officer is hereby authorized to enter, examine and survey at all reasonable times all buildings, dwellings, dwelling units and premises.
The owner or occupant of every building, dwelling, dwelling unit, or the person in charge thereof, shall give the Construction Official or Health Officer, upon proper identification, free access to such building, dwelling or dwelling unit and its premises at all reasonable times for the purposes of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such building and/or dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repair or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
The Construction Official or the Health Officer may, upon affidavit, apply to the Municipal Judge of the Borough for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this section exists on the premises and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[Ord. No. 228 § 6]
No person shall occupy as owner occupant, or rent to or sell to another for occupancy, any building, dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the Housing Code as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation or occupancy or use.
For the purposes of this section, the Construction Official or the Health Officer may determine that a building or dwelling is unfit for human habitation or occupancy or use if he finds that conditions exist in such dwelling which are dangerous or injurious to the other residents of the Borough. Such conditions may include, 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.
Whenever a petition is filed with the Borough Clerk by a public authority as defined in N.J.S.A. 40:48-2.4 et seq., or by at least five residents of the municipality charging that any building or dwelling is unfit for human habitation or occupancy or use, or whenever it appears to the Construction Official or the Health Officer on their own motion that any building or dwelling is unfit for human habitation or occupancy or use, they shall respectively, if their preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building or dwelling a complaint stating the charges in that respect and containing a notice as provided by this section.
[Ord. No. 228 §§ 7, 8]
Whenever the Construction Official or the Health Officer determine that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this section, he shall issue and serve a complaint of such violation or alleged violation upon the owner of and other parties in interest of the building or dwelling and dwelling unit involved. Such complaint shall be in writing and shall contain:
A designation of the property sufficient for identification.
A statement of the reason or reasons why it is being issued.
A provision allowing owners and parties in interest to file an answer to the complaint and appear in person, or otherwise, and give testimony at the time and place and day fixed in the complaint.
A date for hearing, not less than 10 days nor more than 30 days after serving the complaint, before the Construction Official, as Hearing Officer.
Complaints made by the Construction Official or Health Officer pursuant to the section shall be served upon the owner and parties in interest, to the operator or the occupant, or any persons, as the case may require, either personally or by leaving a copy thereof at his or their usual residence; or by certified mail, return receipt requested, to his or their last known address; or by any other method authorized or required under the laws of the State.
If the whereabouts of such person(s) is unknown and the same cannot be ascertained by the Construction Official or Health Officer, the serving of such complaint upon such person(s) may be made by publishing the same once a week for two successive weeks in a newspaper printed and published in the County of Monmouth and circulating in the Borough of Interlaken. On or before the date of such publication, a copy of such complaint shall be posted in a conspicuous place on the premises affected by the complaint and a copy of such complaint shall be posted in the Borough Hall of the Borough of Interlaken.
[Ord. No. 228 §§ 9, 10]
At any hearing in accordance with this section, the owner, tenant or occupant or other parties in interest shall be given an opportunity to be heard, to testify and to show cause why such a complaint should be modified or withdrawn. Hearings shall be held before the Construction Official as the statutory Public Officer and he shall have the power to administer oaths and affirmations in connection with the conductance of any such hearing, and the rules of evidence prevailing in the courts shall not be controlling in any such hearings.
After hearing, the Construction Official shall make such order as is pertinent, depending upon his findings. A copy of the proceedings at such a hearing, including the findings and decision of the Construction Official, shall be filed in the Office of the Borough Clerk.
[Ord. No. 228 § 11]
If after such complaint and hearing the Construction Official determines that the building or dwelling under construction is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact and serve upon the owner thereof and parties in interest an order requiring the repair, alteration, improvement, vacation or demolition of the building to be made within a reasonable time, which time shall be set forth in the order.
Upon failure of the owner or parties in interest to comply with such order, the Construction Official may cause such building or dwelling to be repaired, altered or improved, or to be vacated and closed or demolished; and he may cause to be posted on the entrance to the building or dwelling 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 or parties in interest fail to comply with any order to remove or demolish the building or dwelling, the Construction Official may cause such building or dwelling to be removed or demolished or may contract for the removal or demolition thereof after advertisement of and receipt of bids thereof.
The amount of the costs of filing legal papers, fees for expert witnesses, search fees and advertising charges incurred in the course of any proceeding taken under this subsection shall be determined in favor of the municipality.
The 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 dwelling or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such costs were incurred. If the building or dwelling is removed or demolished by the Construction Official or other official of the Borough, he shall sell the materials of such building. There shall be credited against the costs 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 or dwelling. If there are no such credits or if the sum total of such costs exceeds the 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 and other parties in interest by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Borough, shall be secured in such manner as may be directed by such Court, and shall be disbursed according to the order of judgment of the Court to the person found to be entitled thereto by final order or judgment of such Court; provided that nothing in this subsection shall be construed to impair or limit in any way the power of the municipality 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. No. 228 § 12]
Whenever the Construction Official or the Health Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he, as the case may be, may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency.
Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Construction Official, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this section have been complied with, the Construction Official shall continue such order in effect, or modify or revoke it.
[Ord.. No. 228 § 13]
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 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. No. 228 § 14]
No person shall occupy, rent, lease, transfer title to, or suffer the occupancy of, the letting of, or allow any person to live in or upon or inhabit as a tenant or occupant or occupy as a new owner or cotenant or co-owner any dwelling house or dwelling unit within the confines of the Borough unless and until that person shall have first obtained from the Construction Official of the Borough, a Certificate of Inspection Permitting Occupancy and a permit authorizing any of the foregoing when any of the foregoing shall take place subsequent to the adoption of this section. Transfers of title may take place after application of a Certificate of Inspection for Occupancy, but occupancy shall not be permitted until all items designated for correction by the Construction Official are made and completed.
The provisions of Subsection a above shall apply with equal force and effect to any and all new and additional rentals, tenants, transfer of title of premises or any part thereof, and occupancies of any dwelling house or dwelling unit within the Borough upon vacating of same by any and each occupant by any of the foregoing, as may hereafter occur, whether the re-occupancy is by virtue of transfer of title of the dwelling house or dwelling unit, by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated.
Prior to the rental, transfer of title or occupancy of any dwelling house or any dwelling unit which is provided for in this section, application for Certificate of Inspection Permitting Occupancy shall be made in writing to the Construction Official of the Borough and consent shall be given to the Construction Officials to enter upon and examine the dwelling house or dwelling unit and the building or buildings wherein the same may be situated for which the application is applied, so that the Construction Official may determine whether or not the dwelling unit or units and the building wherein the same are situated fully comply with all municipal ordinances and rules and regulations affecting the use and occupancy of all such dwelling houses and dwelling units and structures. No Certificate of Inspection Permitting Occupancy shall be issued unless there is full and complete compliance with all the foregoing.
All applications for this Certificate shall be in writing and shall state the name and address of the owner of the dwelling house or dwelling unit and the building or structure wherein the same may be situated, the name and address of the owner-occupant, or tenant-occupant or any other occupant of the same; also the name and address, if a sale or transfer of title, of the seller, transferrer, buyer, transferee, and the new proposed owner-occupant or any other purposed occupant; and shall further state the name and address of the renting agent, if any, and shall describe the premises to be occupied, including the street address thereof; a designation of the premises or structures for which the specific application is being made; and shall set forth the number of persons who shall occupy any and all portions of the premises.
Any person, partnership, firm or corporation including any real estate broker or real estate agent or any representative, servant or employee of any of the foregoing, who in any manner fail to fully comply with the terms and covenants of the within section and who are a part of any transaction resulting in the violation of any of the terms and provisions of the within section shall be deemed to have violated the terms and provisions of this section and shall be subject to the penalties provided for violation of the same unless and until a Certificate of Inspection Permitting Occupancy shall have been issued.
All violations of this section by any person, partnership, firm, corporation, or any agents or servants or representatives as provided herein, whether the person be the owner of the premises, the agent of any party as aforesaid, or the tenant or occupant shall be deemed separate and distinct violations for each and every day that the violation may continue, and all parties violating this section shall be deemed jointly and severally liable for any and all such violations.
A certificate of inspection permitting occupancy which is issued under the terms of this section, shall be issued solely by the Construction Official of the Borough for both sales and rentals without the necessity of approval thereof by the governing body of the Borough. For the rental of an apartment or house, the fee shall be $50 per unit and a fee of $100 for the sale of a house. All fees shall be paid to the Borough at the time of filing the applications for the certificate.
[Amended 4-17-2019 by Ord. No. 2019-3]
All buildings, structures, dwelling houses or dwelling units for which an application shall have been filed as required by this section shall fully comply with all other municipal ordinances or requisite municipal requirements for the structures or units. The Construction Official shall be required to specify the corrections to be made to the premises for the Certificate to be issued.
All owners, renting agents, real estate agents or any person applying for a Certificate as provided herein shall advise the Construction Official of reasonable time or times that the inspection may be made and have someone present to assist and provide entry for the inspection purposes. The Construction Official shall comply with the request and application within a reasonable time after entry is provided and, when proper, shall issue the Certificate within a reasonable time thereafter.
No tenant, owner, or occupant shall sublease, sublet, transfer title, (except as heretofore provided), permit the use or the occupancy of the dwelling house, dwelling unit or structure provided for herein, without following the procedures set forth and required by the within section, nor shall any real estate broker, agent or representative of any of the foregoing permit any violation of this section.
[Ord. No. 228 § 15]
Nothing in this section shall be construed to abrogate or impair the powers of any department of this Borough or any agency of the State of New Jersey to enforce any provisions of its charter, ordinances, codes, regulations or statutory provisions as to prevent or punish violations thereof; except that any owner of a dwelling affected by the adoption of this section shall, within one year of the effective date of the adoption of this section, apply for and obtain a Construction Permit from the Construction Official to perform such alterations, repairs or construction required to bring the dwelling into full compliance with the provisions of the Code. Such alterations, repairs or construction shall be completed within two years from the effective date of this section. (This section was adopted by Ordinance No. 228 and took effect on April 1, 1987.) Where applicable, such alterations, repairs or construction shall comply with the Uniform Construction Code, N.J.A.C. 5:23-1 et seq.
[Ord. No. 228 § 16]
Any property owner wishing to determine whether his property conforms to the Code after the effective date hereof (This section was adopted by Ordinance No. 228 and took effect on April 1, 1987) may apply for a Certificate of Occupancy as provided by N.J.A.C. 5:23-2.23 from the Construction Official upon payment of $10 application fee.
[Ord. No. 228 § 17]
No Certificate of Occupancy shall be issued for use and occupancy of any premises not in conformance with the Code.
[Ord. No. 228 § 16]
Any person, firm or corporation who violates or neglects to comply with any provision of this section or any order or directive issued pursuant thereto by the Construction Official or the Health Officer shall be liable, upon conviction thereof, to the penalty stated in Chapter 1, § 1-5. Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.
[Ord. No. 64 § 1]
In order to promote the general welfare and for the purpose of improving the general appearance of the Borough, no sign, billboard or poster shall be erected, placed upon, or posted upon any lot, tract of land or property in the Borough nearer the street than the building line as established.
[Ord. No. 64 § 2]
No sign, billboard or poster shall exceed 18 inches by 24 inches in size. No more than one sign of any kind or description may be placed in or upon any lot or tract of land, or in or upon any property on which a house is erected.
[Ord. No. 64 § 3]
Any person violating the terms of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. For each day that the sign, billboard or poster remains on any property in violation of the terms of this section, there shall be constituted a new violation thereof, which shall constitute a separate offense.