[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Editor's Note: This ordinance also repealed Ch. 59, Building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.
[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Appeals, previously codified herein was repealed in its entirety by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.
(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]]
(b)
Hydraulic elevator: $163.
(c)
Roped hydraulic elevator: $184.
(d)
Escalator/moving walkway: $163.
(e)
Dumbwaiter: $41.
(f)
Stairway chair lift/other: $41.
(h)
Auxiliary power generator: $62.
(i)
Alterations: $41.
(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.
Fees for After Regular Business Hour Inspections and Per Diem Construction
Code Inspectors. The fees for Building Code Inspections and Habitability
Inspections conducted after regular business hours and the rate for
per diem Construction Code Inspectors shall be $50 per hour, or part
thereof.
[Added 11-25-08 by Ord. No. 2008-28; 10-25-2022 by Ord. No. 2022-25]
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.
[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]
[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]]
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.
[Added 7-25-2023 by Ord. No. 2023-16]
A.
Any lead-based
paint hazard inspections shall be in accordance with N.J.S.A. 52:27D-437.16
et seq. and any amendments to such, in addition to applicable federal
and state regulations. The Town of Secaucus Construction Official
or their designee shall administer the program for the Town of Secaucus
with full enforcement power for all provisions, fee collection and
penalties in accordance with N.J.S.A. 52:27D-437.16 et seq. and this
section.
B.
Fees. In
accordance with N.J.S.A. 52:27D-437.16, the fee for said inspection
shall be fifty dollars ($50) or the actual fee to be paid by the Town
to any third-party vendor providing the service. The fee is nonrefundable
and shall be paid by the residential owner or landlord in advance
of the inspection. Twenty dollars ($20) of the fee collected shall
be deposited into the Lead Hazard Control Assistance Fund for the
State of New Jersey Department of Community Affairs.
C.
Any request
received for an expedited inspection, which is a request for the inspection
to be completed in less than ten (10) days from application receipt,
shall be subject to an additional thirty-dollar ($30.) fee per inspection.
This fee may be waived if there is inspector availability in the existing
schedule.
D.
If three
(3) scheduled inspections are failed or missed, each additional inspection
by the Construction Department will be at a charge of thirty dollars
($30).
