Town of Secaucus, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 1-25-77.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed Ch. 59, Building Construction, adopted 5-10-55, as amended.
A. 
There is hereby established in the Town of Secaucus a State Uniform Construction Code enforcing agency, pursuant to Chapter 217, Laws of New Jersey 1975, and Title 5, Chapter 23, of the New Jersey Administrative Code, to be known as the "Building Department," 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.
B. 
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.
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 appointment to each official position created in Subsection A hereof shall be made by the Mayor and Council and the term of office, pursuant to N.J.S.A. 52:27D-126, shall be for four years, said term ending on December 31 of the year of such appointment.
[Added 12-23-96 by Ord. No. 96-39]
[1]
Editor's Note: Former Section 64-2, Construction Board of Appeals, previously codified herein was repealed in its entirety by Ordinance No. 92-30.
[Amended 2-13-90 by Ord. No. 90-2[1]]
A. 
The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A(1) through A(5) hereof and shall be paid before the permit is issued.
[Amended 9-22-92 by Ord. No. 92-32; 5-26-88 by Ord. No. 98-12; amended in its entirety by Ord. No. 2012-6]
(1) 
The building subcode fees for use groups R-2, R-3, R-4 and R5 shall be:
(a) 
For new construction or additions: $0.034 per cubic foot of building or structure volume, regardless of size, provided that the minimum fee shall be $58.
(b) 
For renovations, alterations and repairs: $20 per $1,000 of estimated cost of the work, provided that the minimum fee shall be $58.
(c) 
For combinations of renovations and additions: the sum of the fees computed separately as renovations and additions.
(d) 
Storage tank fees for the installation of above ground and below ground storage tanks for class I, II, and III flammable and combustible liquids shall be calculated at $20 per $1,000 of the estimated cost of the work, provided that the minimum fee shall be $58.
(e) 
The minimum fee for the removal of any lead hazard shall be $176.
(2) 
The building subcode fees for use groups A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3, H-4, H-5, I-1, I-2, I-3, I-4, M, R-1, S-1, S-2 shall be:
(a) 
For new construction or additions: $0.019 per cubic foot of building or structure volume, regardless of size, provided that the minimum fee shall be $58.
(b) 
For renovations, alterations and repairs: $20 per $1,000 of the estimated cost of the work, provided that the minimum fee shall be $58.
(c) 
For combinations of renovations and additions: the sum of the fees computed separately as renovations and additions.
(d) 
The fee for installation of above ground and below ground storage tanks for class I, II, and III flammable and combustible liquids shall be calculated at $20 per $1,000 of the estimated cost of the work, with a minimum fee of $58.
[Amended 8-27-13 by Ord. No. 2013-26]
(e) 
The fee for demolition of above ground and below ground storage tanks for class I, II, and III flammable and combustible liquids shall be as follows:
Residential: $150 per tank
Commercial: $300 per tank
[Amended 6-25-13 by Ord. No. 2013-18; 8-27-13 by Ord. No. 2013-26]
(f) 
If three schedules inspections are failed, each additional inspection by the Construction Department will be at a charge of $37.
[Added 6-25-13 by Ord. No. 2013-18; amended 8-27-13 by Ord. No. 2013-26]
(3) 
Plumbing subcode fees.
(a) 
Total number of fixtures and stacks: $20 each. This shall include but not be limited to all sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, hot water heaters or similar devices.
(b) 
Total number of special devices: $82 each. This shall include but not be limited to grease traps, oil separators, water cooled air conditioning units, pumps, utility service connections.
(c) 
The fee for HVAC units shall be $82 each.
(d) 
The minimum fee shall be $58.
(4) 
Electric subcode fees shall be as follows:
(a) 
For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $45; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $8. 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; the fee shall be $13.
(c) 
For each motor or electrical device rated from greater than 10 hp or 10 kW to 50 hp or 50 kW; for each transformer or generator rated from greater than 10 kW or 10 kva to 45 kW or 45 kva; and for each utility load management device, the fee shall be $58.
(d) 
For each motor or electrical device rated from greater than 50 hp to 100 hp or 45 kW to 112.5 kW; for each service equipment, panel board, switch board, switch gear, motor-control-center or disconnecting means rated from greater than 200 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 $116.
(e) 
For each motor or electrical device rated greater than 100 hp or 112.5 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 $576.
(f) 
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 § 64-3(4)(c), (d) and (e). There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(g) 
For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:
[1] 
1 to 50 kW, the fee shall be $58;
[2] 
51 to 100 kW, the fee shall be $116; and
[3] 
Greater than 100 kW shall be $576.
(h) 
The minimum fee for any electrical work shall be $58.
(i) 
An administrative surcharge of 40% of these fees shall be included for any third party agency fees.
[Amended 8-27-13 by Ord. No. 2013-26]
(5) 
Fire protection subcode fees.
(a) 
1-20 sprinkler heads: $82.
21-100 sprinkler heads: $151.
101-200 sprinkler heads: $289.
201-400 sprinkler heads: $748.
401-1,000 sprinkler heads: $1,036.
Over 1,000 sprinkler heads: $1,323.
(b) 
Each standpipe: $289.
(c) 
Each independent pre-engineered system: $116.
(d) 
Each gas or oil fired appliance which is not connected to a plumbing system: $58.
(e) 
Each kitchen exhaust system: $58.
(f) 
Each incinerator/crematorium: $250.
(g) 
Minimum fee: $58.
(h) 
The fee for one to 12 alarms, detectors and/or signaling devices shall be $45.; for each 25 detectors in addition to this, the fee shall be in the amount of $15.
(i) 
For smoke control systems, the fee shall be $58 each.
(6) 
The fee for plan review shall be 20% of the amount to be charged before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
Pursuant to N.J.A.C. 5:23-2.27 in the case of a discontinuance of a building project, plan review fees are not refundable.
(7) 
Demolition fees.
The fee for a permit for demolition of a residential and accessory structure shall be $150. All other use groups, the fee shall be $300.
The fee for removal of one building from one lot to another, or to another location on the same lot shall be $20 per $1,000 of the estimated cost of a new foundation and all work necessary to place the building in its completed condition in the new location. However, the minimum fee shall be $150.
(8) 
Sign fees.
The fee for a permit to construct a sign shall be $2.50 per square foot of the surface area of the sign, provided that the minimum fee shall be $58. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
(9) 
Swimming pool fees.
(a) 
The fee for a permit to erect or construct a permanent private swimming pool shall be $126 for each above-ground pool and $189 for each in-ground pool. The fee for permits for commercial swimming pools is to be calculated using new construction rates as provided in this chapter.
(b) 
The fee for annual pool inspections shall be $46.
(10) 
Certificate of Occupancy fees.
The fee for a certificate of occupancy for new commercial construction shall be $100 except for one- and two-family residences when the fee shall be $75 per unit.
The fee for a temporary certificate of occupancy shall be $50.
The fee for a certificate of occupancy granted to change of use shall be $150.
The fee for zoning determinations shall be $50 per determination.
[Amended 6-25-13 by Ord. No. 2013-18; 8-27-13 by Ord. No. 2013-26]
(11) 
Elevator, mechanical device and associated fees shall be as follows:
[Added 6-26-2019 by Ord. No. 2019-23[2]]
(a) 
Elevator with traction or winding drum:
[1] 
One to 10 floor: $184.
[2] 
Over 10 floors: $306.
(b) 
Hydraulic elevator: $163.
(c) 
Roped hydraulic elevator: $184.
(d) 
Escalator/moving walkway: $163.
(e) 
Dumbwaiter: $41.
(f) 
Stairway chair lift/other: $41.
(g) 
Residential devices/other in R-3 or R-4:
[1] 
Oil buffer: $32.
[2] 
Counterweight/government/safeties: $82.
(h) 
Auxiliary power generator: $62.
(i) 
Alterations: $41.
(j) 
Plan review:
[1] 
R-3 and R-4: $38.
[2] 
All other reviews: $197.
(k) 
Minimum fee: $58.
(l) 
Administrative surcharge on all fees and inspections: 40%.
[2]
Editor's Note: This ordinance also redesignated former Subsection A(11) as Subsection A(12).
(12) 
All fee totals contained herein shall be rounded off to the nearest dollar.
B. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council, biannually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
C. 
Surcharge fee.
(1) 
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of $0.00334 per cubic foot of volume of new construction and $0.00170 of the cost of alteration. Said surcharge fee 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 not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.
[Amended 9-22-92 by Ord. No. 92-32; 8-27-13 by Ord. No. 2013-26]
(2) 
The Building Department shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.
D. 
After Regular Business Hour Inspections. The fees for After Hours Building Code Inspections and Habitability Certificate of Occupancy Inspections of dwellings consisting of four or more dwelling units shall be $37 per hour, or part thereof.
[Added 11-25-08 by Ord. No. 2008-28]
E. 
Exemptions.
[Added 9-22-98 by Ord. No. 98-24; amended 11-25-08 by Ord. No. 2008-28]
(1) 
Religious nonprofit organizations holding tax exempt status under the Federal Internal Revenue Code of 1954 26 U.S.C. 501(c) or (d) shall be exempt from the payment of construction permit fees for any construction relating to the religious purposes of the organization.
(2) 
A disabled person as defined in N.J.S.A. 40:55D-8 or a parent or sibling of a disabled person shall be exempt from the payment of any fee charged in connection with an application for development which promotes the accessibility to his own living unit.
[1]
Editor's Note: Ordinance No. 90-2 amended Section 64-3 in its entirety. Prior ordinances codified herein include Ordinance Nos. 6-28-77, 78-2, 84-53 and 87-7.
[Added 12-26-84 by Ord. No. 12-26-84; amended 2-13-90 by Ord. No. 90-2; 3-13-12 by Ord. No. 2012-6]
A. 
The fee for variation application for Class I, II, and III structures shall be $748.
B. 
Notes. In any case the minimum fee for a construction permit in part or total shall be $58.
[Amended 2-13-90 by Ord. No. 90-2]
Any person, firm or corporation who violates any of the pro-visions of this chapter or of the Uniform Construction Code or regulations adopted thereunder and made a part hereof shall, upon conviction thereof, be subject to such penalties as are provided in the Uniform Construction Code and Regulations.
A. 
Certificate required for selling, leasing or renting of residential dwelling units. Effective 30 days after adoption of this section, no premises or portion of any one-family, two-family, or multi-family dwelling unit used for residential purposes, whether in a residential zone, or in a different zone by reason of being a nonconforming use, shall be sold and thereafter occupied by a new tenant or owner, without the appropriate application for and issuance of a certificate of continued occupancy.
B. 
Application for certificate; inspection; issuance. Any owner intending to sell, lease or rent any dwelling unit, regardless of the length of the lease or rental, shall apply to the Construction Official or their designated agent for a certificate of continued occupancy. Upon receipt of said application, the Construction Official or their agent shall review same and inspect the premises within 10 days to determine whether such premises complies with the local zoning and planning laws. No certificate of continued occupancy shall be issued unless there is full and complete compliance with all of the foregoing, unless otherwise specified in writing by the Construction Official or their agent. All owners, or their designated agents, applying for a certificate as provided herein shall advise the Construction Official or their agent of a reasonable time or times when the inspections may be made and have someone present to assist and provide entry for the inspection purposes. If three scheduled inspections are missed, each additional inspection by the Construction Department will be at an additional charge, as specified below.
[Amended 7-23-2019 by Ord. No. 2019-25]
C. 
Fees. The fee for said inspection shall be $100 for a one-family or unit; $125 for a two-family or units; $145 for a three-family or units; $160 for a four-family or units; and $160 plus $10 extra per unit for a five- or more family or units. Furthermore, any request received for an expedited inspection, which is a request for the inspection to be completed in less than 10 days from application receipt, shall be subject to an additional fee of $50 per application. The fee may be waived if there is inspector availability in the existing schedule. If three scheduled inspections are failed or missed, each additional inspection by the Construction Department will be at a charge of $37.
[Added 7-23-2019 by Ord. No. 2019-25[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections C through E as Subsections D through F, respectively.
D. 
Responsibility of owner. The owner or owners of all residential properties shall be responsible for notification to the Construction Official of the pendency of any new ownership.
[Amended 7-23-2019 by Ord. No. 2019-25]
E. 
Certain establishments exempt. It shall not be a violation of this section if an owner establishes by a preponderance of the evidence use as a one-family, two-family or multifamily dwelling which does not comply with present zoning requirements but was created in good faith prior to February 8, 1983, and remained in such noncompliance since that date. Said premises shall still make appropriate application for and obtain issuance of a certificate of continued occupancy for any change in tenancy or ownership for the use established.
[Amended 7-23-2019 by Ord. No. 2019-25]
F. 
Violations and penalties. Any person or persons or partnership, firm or corporation violating any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment in the County jail for a period not exceeding 30 days or both for each offense. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
A. 
Certificate required for selling of commercial or industrial property. Effective 30 days after adoption of this section, no premises or portion of premises zoned for commercial or industrial use, whether in a commercial or industrial zone, or in a different zone by reason of being a nonconforming use, shall be sold, rented or leased and thereafter occupied by a new tenant or owner, without the appropriate application for and issuance of a certificate of continued occupancy.
B. 
Application for certificate; inspection; issuance. The owner of the premises about to be newly occupied, or their respective agents, shall apply to the Construction Official for a certificate of continued occupancy and shall supply, as necessary, information on said application of all facts relating to the nature of the business, occupation or industry, the manufacturing or other processes involved and the nature of all materials stored on the premises as part of, or pertinent to, said business, occupation, or use. Upon receipt of said application, the Construction Official or his agent shall review same and inspect the premises within 10 days to determine whether such premises complies with the local zoning and planning laws. No certificate of continued occupancy shall be issued unless there is full and complete compliance with all of the foregoing, unless otherwise specified in writing by the Construction Official or his agent. The fee for said inspection shall be $300 for commercial and industrial uses.
All owners, or their designated agents, applying for a certificate as provided herein shall advise the Construction Official or his agent of a reasonable time or times when the inspections may be made and have someone present to assist and provide entry for the inspection purposes.
C. 
Responsibility of owner. The owner or owners, of all commercial and industrial premises shall be responsible for notification to the Construction Official of the pendency of any new ownership.
D. 
Certain establishments exempt. All buildings that are inspected by the state shall be exempt from this section.
E. 
Violations and penalties. Any person or persons or partnership, firm or corporation violating any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment in the county jail for a period not exceeding 30 days or both for each offense. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.