[HISTORY: Adopted by the Council of the Borough of Lawnside 2-2-1977 by Ord. No. 5-1977. Amendments noted where applicable.]
[Amended 4-2-1997 by Ord. No. 07-FY1997; 5-6-1998 by Ord. No. 07-FY1998]
A. 
There is hereby established in the Borough of Lawnside, Camden County, State of New Jersey, a Uniform Construction Code Enforcing Agency to be known as the Lawnside Uniform Construction Code Enforcing Agency, 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.
A. 
There is hereby established a Construction Board of Appeals to hear appeals from decisions by the Enforcing Agency. Such Board shall consist of five members. At least one Board member shall be a registered architect or licensed professional engineer of building construction experience, and at least one Board member shall be as qualified as a Plumbing Subcode Official and one as qualified as an Electrical Subcode Official. No more than two Board members shall be selected from the same business or profession. Each Board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect or, in the alternative, five years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education or, as a further alternative, 10 years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
B. 
The Mayor with the consent of Council shall appoint the Board members and any alternate members. For the members first appointed, the Mayor with the consent of Council shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for a term of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. Vacancies shall be filled for the unexpired term.
C. 
The Mayor with the consent of Council shall appoint such number of alternates as may be appropriate for terms not to exceed four years or may, in the alternative, appoint alternates on a case-by-case basis.
D. 
No regular or alternate Board member may be a member of the Enforcing Agency, the decisions of which are subject to the review of the Board.
E. 
The regular and alternate Board members will serve without compensation.
[Added 2-2-1977 by Ord. No. 5-1977; amended 11-2-1983 by Ord. No. 15-1983; 2-3-1988 by Ord. No. 3-1988; 4-7-1993 by Ord. No. 09-FY1993; 4-2-1997 by Ord. No. 07-FY1997; 5-6-1998 by Ord. No. 07-FY1998; 9-1-1999 by Ord. No. 01-FY2000; 12-5-2001 by Ord. No. 05-FY2002; 5-1-2002 by Ord. No. 09-FY2002; 12-4-2002 by Ord. No. 07-FY2003; 5-5-2004 by 07-FY2004; 5-6-2009 by Ord. No. 05-FY2009; 10-7-2009 by Ord. No. 01-FY2010; 12-3-2014 by Ord. No. 10-CY2014]
The permit fee schedule established for the Construction Code Department shall be and it hereby is authorized and directed to be established and increased to the amounts indicated as follows and shall be paid before the permit is issued. Each subcode fee shall be rounded up to the nearest dollar:
Schedule of Construction Code Department Permit Fees.
A. 
Asbestos hazard abatement.
Construction permit fee
$85
Certificate of occupancy (upon successful completion)
$65
B. 
New Jersey State Permit surcharge fees:
The fee for New Jersey State Permit surcharge fees shall be in the amount of $0.00371 per cubic foot volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $1.90 per $1,000 of value of construction. The minimum permit surcharge fee shall be $1.
C. 
Construction permit fee.
New construction
0.038
Fee for additions: The fees for additions shall be on the same basis as for new construction. For combinations of renovations and additions: The sum of the fees computed separately as renovations and additions.
Structures of the Use Group T, temporary, and all structures for which volume cannot be computed, such as tents, satellite dishes, photovoltaic solar systems, etc. there shall be a flat fee of $34 per $1,000 or fraction thereof, provided that there shall be a minimum fee of $82.
D. 
Renovations, alterations and repairs.
(Based upon estimated cost of work)
Per thousand dollars
$34
Miscellaneous:
Roofing
$82
Siding
$82
Fence
$82
Above Ground Pool
$140
In Ground Pool
$210
Lead Hazard Abatement
$165
Photovoltaic Solar Systems
1 to 30 Inverters
$180
30 to 50 Inverters
$200
50 and over Inverters
$250
Minimum fee
$82
E. 
Plumbing fixtures and equipment:
(1) 
The fee shall be in the amount of $15 per fixture, piece of equipment of appliance connected to the plumbing system, and for each appliance connected to the gas piping or oil piping system.
(2) 
The fee shall be $91 per special device for the following: grease traps, oil separators, refrigeration units, utility service connections. Backflow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot water boilers (excluding those for domestic water interceptors. There shall be no inspection fee charged for gas service entrances.
F. 
Electrical fee.
(1) 
Electrical fixtures and devices: The fee shall be as follows:
(a) 
For from one to 50 receptacles or fixtures, the fee shall be in the amount of $50. For each 25 receptacles or fixtures in addition to this, the fee shall be in the amount of $9. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacle or similar fixture, and motors of devices of less than one horsepower of one kilowatt.
(2) 
Motors:
Greater than 1 hp and less than or equal to 10 hp
$15
Greater than 10 hp and less than or equal to 50 hp
$65
Greater than 50 hp and less than or equal to 100 hp
$129
Greater than 100 hp
$640
(3) 
Electrical devices, transformers, generators:
Greater than 1 hp and less than or equal to 10 hp
$15
Greater than 10 hp and less than or equal to 50 hp
$65
Greater than 50 hp and less than or equal to 100 hp
$129
Greater than 100 hp
$640
(4) 
Service panel, service entrance or sub panel:
Less than or equal to 225 amps
$65
Greater than 226 amps and less than or equal to 1,000 amps
$129
Greater than 1,000 amps
$640
Basic Construction Permit
$82
G. 
Fire protection. Fire protection and other hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression system, gas and oil fired appliances not connected to the plumbing system, kitchen exhaust system, incinerators.
(1)
1 to 20 sprinkler heads
$91
21 to 100 sprinkler heads
$168
101 to 200 sprinkler heads
$321
201 to 400 sprinkler heads
$831
401 to 1,000 sprinkler heads
$1,150
Over 1,000 sprinkler heads
$1,469
(2)
1 to 20 heat/smoke detectors
$35
21 to 100 heat/smoke detectors
$75
101 to 200 heat/smoke detectors
$150
201 to 400 heat/smoke detectors
$300
401 to 1,000 heat/smoke detectors
$450
Over 1,000 heat/smoke detectors
$500
(3)
Each standpipe
$321
(4)
Each independent pre-engineered system
$129
(5)
Each gas or oil fired appliance which is not connected to a plumbing system
$82
(6)
Each kitchen exhaust system
$82
(7)
Each incinerator/crematorium
$511
(8)
Minimum fee
$82
H. 
Certificates and other permits:
(1) 
Demolition:
Structures less than 5,000 square feet and less than 30 feet in height, including one or two family dwellings
$92
All other groups
$168
(2) 
Signs:
(a) 
No fee shall be charged for the following permitted signs: official signs; no trespassing, hunting or parking; safety or warning signs; signs identifying schools, churches, hospitals, clubs, lodges, other organizations of a nonprofit nature; residence name plates and address numbers.
(b) 
The fee for permits for signs five square feet or less in area, and not herein exempted, shall be $10.
Fees for pylon signs shall be $6 per square foot for the first 100 square feet, $4.75 per square foot for the next 400 square feet and $3.50 per square foot thereafter.
(c) 
For all other signs, the fee shall be $20 per square feet of sign area.
Fees for ground signs or wall signs shall be $3 per square foot for the first 100 square feet, $2.10 per square foot for the next 400 square feet, and $1.40 per square foot thereafter.
(d) 
Minimum fee: $65.
(3) 
Certificate of occupancy:
(a) 
$125 or 1% of cost of permit.
(4) 
Exceptions: construction of one or two family dwellings: $100.
(5) 
(Reserved)
(6) 
Site grading or earthwork:
(a) 
Commercial and industrial properties.
[1] 
Five hundred square feet up to 10,000 square feet (accrual graded area) the fee shall be $85.
[2] 
Ten thousand square feet up to one acre the fee shall be $175.
[3] 
For each additional acre or fraction thereof the fee shall be an additional $50.
(b) 
Single family residential.
[1] 
Lots where the actual graded area is 1,000 square feet or more for grading and earthwork the fee shall be $85.
(7) 
Mechanical systems and equipment fees:
Shall be in the amount of $20 per $1,000 cost of installation; minimum fee shall be $85.
(8) 
The fee for the plan review shall be 20% of the amount to be charged for the construction permit and shall be paid 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.
The Construction Official shall, with the advice of the subcode officials, prepare and submit biannually to the borough a report recommending a fee schedule based on the operating expenses of the Agency and any other expenses of municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
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 $0.038 per cubic foot of volume on new construction. The fee for all other construction is $0.80 per $1,000. 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.
[Added 1-12-1994 by Ord. No. 07-FY1994; amended 4-2-1997 by Ord. No. 08-FY1997]
Mayor and Council, in order to ensure more efficient processing and administration of permits and fees in the Construction Code Department, has expanded the authority for signature approval of all construction permits and certificates of occupancy to include the Mayor, the Chairperson and/or the Council member of the Committee on Public Safety; that all construction permits and certificates of occupancy must be paid for in full before they can be issued by the Construction Code Department.
[Added 5-5-2004 by Ord. No. 07-FY2004]
It shall be unlawful to use or permit the use of any structure or building or part of the structure or building that presently exists in the Borough of Lawnside or any structure or building that has had a change in ownership or a change in occupancy, if that portion of the structure has been leased or sold, until a certificate allowing the new occupancy and/or use shall have been applied for by the owner or the owner's agent and such certificate issued by the Construction Code Official. Such certificate shall show that the structure or building or part thereof that is the subject of the change in use, ownership or occupancy is in conformity with the provisions of this section and all other ordinances of the Borough of Lawnside. It is the intentions of the governing body to require a certificate of occupancy not only for the initial occupancy of a given structure or part of a structure, but upon any change of occupancy (or change from one tenant to another, or prior to occupancy after a change of ownership.)
Issuance of a certificate of occupancy or certificate of continued occupancy rests with the discretion of the Construction Code Official. The municipality incorporates into this section standards established in the BOCA National Property Maintenance Code, 1993, Fourth edition. Determination of whether a project meets this Code rests with the discretion of the Building Inspector.
A certificate of occupancy or a certificate of continued occupancy shall bear the approval of the various departments or government of the Borough of Lawnside as required by state statue and local ordinances.
In cases regarding a change of ownership, any alterations, corrections, installations or the like that are required to be done for a certificate of occupancy or certificate of continued occupancy to be issued shall be the responsibility of the current owner of the property even if the change is made by a previous owner.
The owner or owner's agent shall be responsible for applying for the certificate of occupancy or certificate of continued occupancy.
The owner/landlord of a structure containing one or more housing units shall be required to obtain a certificate of occupancy or certificate of continued occupancy for each dwelling unit prior to said dwelling unit being occupied. Occupants in residence on the date this section takes effect are exempt.[1]
A temporary certificate of occupancy for a portion of a building or a structure may be issued by the Construction Code Official or Housing Inspector.
All applications for certificates of occupancy or certificates of continued occupancy shall be received by the Construction Code Official who shall be responsible for carrying out all necessary liaisons with municipal officials and other subcode officials whose inspection and approval is required for the issuance of a certificate of occupancy or certificate of continued occupancy.
The Construction Code Official shall be given the right on every structure with more than two dwelling units to ask that the owner provide him or her with a tent roll at least once each year. Such rolls shall provide the name and age of each and every occupant of every dwelling unit. If such rent rolls are not provided within 14 days after the request has been received by the owner or owner's agent, they may be liable for the fines addressed in this chapter.
A. 
Enforcement of section. This section shall be enforced by the Construction Code Officials.
B. 
Fees.
[Amended 12-5-2018 by Ord. No. 17-2018; 12-7-2022 by Ord. No. 14-2022]
(1) 
Fees for certificate of occupancy or certificate of continued occupancy, to include initial inspection and one reinspection:
(a) 
Change of tenant, per residential unit: $75.
(b) 
Change of tenant, per commercial unit: $75.
(c) 
Multiple dwelling, per unit: $75.
(d) 
Residential building, per unit: $75.
(2) 
Reinspection fees. If after the initial inspection and one reinspection, the applicant will be charged a reinspection fee of $75. This fee shall be charged if the applicant has failed to meet the scheduled reinspection date, and/or if the violations have not been corrected within 30 days.
(3) 
Violation fees. Failure to complete violations within 30 days may result in a $25 fine per day for the applicant for each and every day the violation continues. This violation shall be considered a separate and distinct offense.
[1]
Editor's Note: Ordinance No. 07-FY2004, codified herein as Section 53-5, was adopted May 5, 2004.