[Ord. No. 2016-13 Exh.
A]
There is hereby established in and for Princeton, pursuant to
the State Uniform Construction Code Act (P.L. 1975, c. 217; N.J.S.A.
52:27D-119 et seq.) (hereinafter referred to as the "Act"), a state
uniform construction code enforcing agency which shall be known as
the "Princeton Construction Code Enforcing Agency" (hereinafter referred
to as the "enforcing agency").
The enforcing agency shall consist of the construction official,
the building subcode official, the electrical subcode official, the
fire protection subcode official, subcode officials for such additional
subcodes as the Commissioner of the Department of Community Affairs
of the State shall hereafter adopt as part of the Act with the exception
of an elevator subcode official which responsibility the municipality
transfers to the Department of Community Affairs, and such employees,
assistants and staff as are required by such officials. The construction
official shall be the chief administrator of the enforcing agency
and, after consultation with the subcode officials, he or she may
adopt such rules of procedure for the internal governance of the enforcing
agency as are not inconsistent with the law, regulation or this chapter.
[Ord. No. 2016-13 Exh.
A]
(a) The construction official and subcode officials shall possess such
qualifications as are prescribed by the Act and regulations adopted
by the Commissioner of the Department of Community Affairs. More than
one such official position may be held by the same person, but in
that case the person shall possess the qualifications required for
each such position.
(b) Each such official shall be appointed by the mayor with the advice
and consent of the council for a term of four years calculated from
January 1 of the year of appointment, but terms of office shall be
subject to tenure rights as provided by law. Vacancies occurring other
than by expiration of term shall be filled for the unexpired term
only.
(c) The construction and subcode officials shall have such powers and
duties as are prescribed by law, regulation or ordinance for the enforcement
of the Act.
(d) In lieu of any particular subcode official, an onsite inspection
agency may be retained by contract pursuant to N.J.A.C. 5:23-1.1 et
seq.
[Ord. No. 2016-13 Exh.
A]
The construction official, the subcode officials and the employees,
assistants and staff supporting them need not work exclusively for
the enforcing agency nor need they be located in one office or building.
However, for purposes of enforcement of the Act and regulations pertaining
thereto, all such persons, wherever located, shall be subject to the
procedures and policies of the enforcing agency, and the subcode officials,
employees, assistants and staff shall be primarily responsible to
the construction official. Furthermore, regardless of whether the
aforementioned personnel are dispersed in different locations, the
public shall have the right to do business at one enforcing agency
center, except in case of emergency or unforeseen or unavoidable circumstances.
Such central office shall be designated by the construction official
after consultation with the mayor and council. Any reorganization
necessary to provide for the coordination of dispersed personnel,
so as to enable the enforcing agency to take timely action in the
performance of its duties, is delegated to the mayor and council.
[Ord. No. 2016-13 Exh.
A]
A construction board of appeals is hereby established to hear
and decide appeals from decisions of the enforcing agency and to exercise
and perform such other powers and duties as are or shall be prescribed
by law, regulation or ordinance. It shall be known as the "Princeton
Construction Board of Appeals" and shall consist of five regular members
and at least five alternate members in accordance with the below.
The board shall also include two special members, one of whom
shall be a licensed professional engineer with municipal construction
experience, and one of whom shall be a builder. The special members
shall serve as additional members of the board in any case involving
an appeal of municipal fees pursuant to N.J.S.A. 40:55D-53.2 et seq.
Each regular, alternate and special member shall be qualified
by experience or training to perform the duties of a member of the
board.
The board may adopt such rules as to its procedures and for
its internal governance as are not inconsistent with law, regulation
or this chapter. Applications of appeal to said board shall be accompanied
by a fee in the sum of $500. The application shall not be considered
complete unless accompanied by this appeal fee. In the case of an
appeal based on the failure of the enforcing agency as established
in section 5A.1-1 of this chapter to act within any time frame specified,
the fee shall be waived.
[Ord. No. 2016-13 Exh.
A]
(a) At least one regular member of the board shall be a registered architect
or licensed professional engineer with building construction experience,
or other person as qualified as a building subcode official. At least
one regular member shall be as qualified as a plumbing subcode official.
At least one regular member shall be as qualified as an electrical
subcode official. At least one regular member shall be as qualified
as a fire protection subcode official. At least one regular member
shall be certified as a fire official.
(b) The requirements of section 5A.1-5(a) above shall not be construed
as requiring that there be a separate regular member in each of the
qualification categories above. One regular member may satisfy these
requirements with regard to more than one such qualification category.
No more than two members shall be selected from the same business
or profession. Each 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 in the further
alternative, 10 years' experience in construction, design or
supervision as a journeyman in a trade or as a contractor.
[Ord. No. 2016-13 Exh.
A]
(a) Members of the construction board of appeals shall be appointed by
the mayor with the advice and consent of the council for terms of
four years each, calculated from January 1 of the year of appointment;
except, that of the members first appointed, 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 terms of four years. Members shall serve
after the expiration of their terms until their successors are appointed
and qualified.
(b) Vacancies occurring other than by expiration of term shall be filled
for the unexpired term only.
(c) The mayor with the advice and consent of the council shall appoint
at least five alternate members of the board to serve during the absence
or disqualification of any member. Alternate members shall be appointed
to staggered terms, in the same manner as the initial appointment
of regular members. Alternate members shall be so chosen so that there
will be at least one alternate member in each qualification category
set forth in section 5A.1-5(a) above. In addition, service by alternate
members shall meet the provisions of N.J.A.C. 5:23A-1.3.
(d) The mayor with the advice and consent of council shall designate
one of the regular members to serve as chairperson and another member
to serve as vice-chairperson of the board. The vice-chairperson shall
serve as chairperson in the event of absence or disqualification of
the chairperson.
(e) No member or alternate member of the board shall be a member of the
enforcing agency nor shall any member or alternate member pass on
any question in which he or she is engaged as contractor or material
dealer or in which he or she has been involved in the preparation
of plans or specifications or in which he or she has any personal
or professional interest.
(f) Members and alternate members of the board shall receive no compensation
for their services as such, but they shall be reimbursed for all necessary
expenses incurred by them in the performance of their duties.
[Ord. No. 2016-13 Exh.
A]
The following fees shall be paid to and collected by the enforcing
agency prior to the issuance of any of the permits or certificates
hereinafter mentioned in this section in connection with the Act and
such fees shall be administered as hereinafter set forth:
(a) Prototype review: An amount equal to 20% of the fee for a construction
permit for the project. The plan review fee shall be paid at the time
of submission of an application for a permit and it shall be credited
toward the fee due for a construction permit, when issued. Plan review
fees are not refundable.
(aa) Prototype review fee: An amount equal to 5% less
than the plan review fee.
(b) Construction permit: An amount equal to the sum of the following
subcode and elevator fees, but not less than $75 for Use Groups R-3,
R-4 and R-5. All other Use Groups shall not be less than $75. Minimum
fees for all construction permits including a change of contractor
shall be $50.
(1)
BUILDING SUBCODE FEE:
a.
For new construction with regard to all Use Groups except for
R-3, R-4 and R-5, the amount of $0.0800 per cubic foot of building
or structure volume.
b.
For new construction with regard to R-3, R-4, and R-5 Use Groups,
the amount of $0.0250 per cubic foot of the building or structure
volume.
c.
For renovations, alterations and repairs with regard to all
Use Groups except for R-3, R-4 and R-5, the amount of $17 per $1,000
of estimated cost up to and including $75,000; $16 per $1,000 of estimated
cost over $75,000 and up to and including $150,000; and $15 per $1,000
of estimated cost over $150,000. For the purpose of determining estimated
cost, the applicant shall submit to the enforcing agency, if applicable,
cost data produced by the architect or engineer of record or by a
recognized estimating firm or by the contractor. A bona fide contractor's
bid, if available, shall be submitted. The enforcing agency shall
make the final decision regarding estimated cost.
d.
For renovations, alterations and repairs with regard to Use
Groups R-3, R-4 and R-5, the amount of $15 per $1,000 of estimated
cost up to and including $75,000; $14 per $1,000 of estimated cost
over $75,000 and up to and including $150,000; and $13.50 per $1,000
of estimated cost over $150,000. For the purpose of determining estimated
cost, the applicant shall submit to the enforcing agency, if available,
cost data produced by the architect or engineer of record, by a recognized
estimating firm or by the contractor. A bona fide contractor's
bid, if available, shall be submitted. The enforcing agency shall
make the final decision regarding estimated cost.
e.
For additions with regard to all Use Groups except for R-3,
R-4 and R-5, the amount of $0.0850 per cubic foot of building or structure
volume for the added portion.
ee. For additions with regard to R-3, R-4 and R-5, the
amount of $0.080 per cubic foot of building or structure volume for
the added portion.
f.
For combinations of renovations and additions, the sum of the
fees computed separately for renovations and for additions.
g.
For the following structures for Use Group U or for structures
for which volume cannot be computed, the following flat fees shall
be charged:
Asbestos removal
|
$70 + $14 (CO)
|
Fence(s) (6 feet or more in height) Residential (R)
|
$75
|
Fence(s) (6 feet or more in height) Commercial
|
$15 Per $1,000
|
Radon mitigation
|
$75
|
Swimming Pool Aboveground
|
$100
|
Swimming Pool Inground
|
$200
|
Tanks Inground (removal/modifications)
|
$150
|
Tanks Aboveground storage (installation, removal, modification)
|
$75
|
Temporary Construction Trailer
|
$100
|
Temporary Construction Fence
|
$0
|
Tennis courts
|
$100
|
Tent(s) A-5
|
$75
|
(2)
FIRE PROTECTION SUBCODE FEES:
Fire Protection Subcode Fees
|
---|
Description
|
Number of Devices
|
Residential
|
Number of Devices
|
Commercial
|
Number of Devices
|
Both Residential & Commercial
|
---|
Smoke detectors
|
1-12
12-24
|
$40
$60
|
1-12
12-25
25>
|
$60
$75
$100
|
|
|
Duct-type smoke detectors
|
|
|
|
|
Each
|
$25
|
Oil or gas fired appliances
|
|
|
|
|
New
|
$50
|
|
|
|
|
|
Replacement
|
$25
|
Kitchen hood exhaust system
|
|
$50
|
Type II
Type I
|
$75
$100
|
|
|
Pull stations manual
|
|
|
|
|
Each
|
$10
|
Wood stove/fireplace
|
|
|
|
|
Each
|
$50
|
Gas fired manufactured fireplace & flue
|
|
$45
|
|
|
Each
|
$50
|
Signaling devices (strobes)
|
|
|
|
|
Each
|
$5
|
Residential sprinklers (per) dwelling unit
|
|
$50
|
|
|
|
|
Stand pipe riser
|
|
|
|
|
Each Riser
|
$230
|
Fire pump
|
|
|
|
|
|
$200
|
Fire pump testing
|
|
|
|
|
|
$100
|
Sprinkler system
(wet/dry)
(heads)
(standard type)
|
|
|
|
|
1-20
20-50
50-100
100>
|
$65
$100
$200
$2 per head
|
Early fire suppression response (type heads)
|
|
|
|
|
1-20
20-50
50-100
100 >
|
$40
$75
$100
$1.50 per head
|
Fire protection (2) minimum fee and change of contractor
|
|
|
|
|
|
$50
|
Special fire suppression system (Dry Chemical Water, CO2 and
Halon) local system only including major suppression
|
|
|
|
|
|
$85 per installation
|
Above ground storage tanks (per tank)
|
|
|
|
|
|
$46
|
Incinerators
|
|
|
|
|
|
$365
|
Admini-strative fee
|
|
|
|
|
|
15% of total fee paid
|
Fire mains - per diameter inch
|
|
|
|
|
|
$100
|
Dry pipe valves
|
|
|
|
|
|
$25 each
|
Preaction valves
|
|
|
|
|
|
$25 each
|
Hydro testing of fire supply lines 2 hour test as per nfpa @
$40 per hr.
|
|
|
|
|
|
$80
|
Electronic fire/smoke control door releases
|
|
|
|
|
|
$10
|
(3)
PLUMBING SUBCODE FEE:
a.
The Plumbing subcode fee shall be that charged by the municipality's
plumbing subcode official in accordance with the requirements of the
Act. Said fees are as follows:
1.
Minimum fee including change of contractor $50.
2.
Fixtures and devices:
Shall include but not be limited to: Fixtures, appliances or
devices connected to the plumbing system including: water closets,
lavatories, bidets, urinals, hose bibs, showers, whirlpool tubs, bath
tubs, floor drains, sinks, dishwashers, drinking fountains, washing
machines, plumbing stacks, roof drains, area drains, sump pumps, pot
fillers, ice machines, steam units, condensate drains and back-flow
preventers not equipped with test ports and humidifiers. $15 each
3.
Special devices:
Grease traps, oil separators, refrigeration units, utility service
connections, back-flow preventers equipped with test ports (double
check valve assemblies, reduced pressure zones and pressure vacuum
breaker back-flow preventers), steam boilers, hot water boilers, pool
heaters, active solar systems, sewer pumps and interceptors, provided
however, there shall not be inspection fee charges for gas service
entrances. $95.
a.
Residential lawn sprinklers $70 each.
4.
Cross-connections:
Backflow preventers and Cross-connections subject to testing
quarterly or annually.
Use Groups R-2, R-3, R-4 and R-5
|
1 to 50
|
$35 each
|
50 or more
|
$15 each
|
All other Use Groups
|
|
1 to 50
|
$40 each
|
50 or more
|
$15 each
|
Pursuant to N.J.S.A. 52:27D-126(d), the plumbing subcode official
may waive the charge for testing cross connections for all low-income
and middle-income units which are a part of Princeton's Affordable
Housing program as defined elsewhere in this Code, including but not
limited to section 10B-333 of the "Code of the Township of Princeton,
New Jersey, 1968," as may be amended.
|
5.
Water Heaters:
Installation or replacement of gas or electric water heaters
in R-2, R-3, R-4, and R-5 use groups: $40.
Installation or replacement of water heaters for all use groups
other than R-2, R-3, R-4, R-5: $75.
5a. Pool safety accessories: $45.
6.
Mechanical inspections of the following appliances in Use Groups
R-2, R-3, R-4 and R-5 shall include but not be limited to: furnaces,
condensers, air handlers, mini-split units, boilers, gas fireplaces,
outdoor grills, fire pits, generators, gas lamps, dryers, stoves,
cooktops, fuel oil piping, and log lighters.
First appliance: $58.
Each additional appliance: $15.
7.
Mechanical inspections related to installation of fuel oil piping
on fuel tanks.
Use Groups R-3, R-4 and R-5: $45.
All other Use Groups: $70.
8.
Mechanical inspections related to natural gas piping and LP
gas piping systems.
Each appliance connection: $15.
9.
Additional mechanical inspection fees for all Use Groups except
R-3, R-4 and R-5:
$10 per $1000 of the total cost of piping labor, material and
equipment.
10.
Geothermal Wells:
Fee for each well: $20.
11.
Propane Tanks:
Under 125 gallons: $30 per tank
Over 125 gallons: $50 per tank.
12.
Dental Office Piping:
Excluding waste, vent, water and mechanical piping: $300 flat
fee.
(4)
ELECTRICAL SUBCODE FEE:
a.
The electrical subcode fee shall be that charged by the municipality's
electrical subcode official in accordance with the requirement of
the Act. Said fees are as follows:
2.
Electrical fixtures and devices:
Lighting outlets, wall switches, fluorescent fixtures, fire
protection devices, convenience receptacles or similar devices and
motors less than HP or 1-KW (1-25 devices), and for each telecommunications,
data or other type of structure wiring devices for all Use Groups:
$40
2a. For each 25 additional fixtures, wall switches, convenience
receptacles or similar devices, and motors of less than 1-HP or 1-KW:
$8.
3.
Service sub panels.
Each service panel, service entrance or sub panel less than
or equal to 200 amps.
Use Groups R-3, R-4 and R-5: $50.
All other Use Groups: $60.
Each service panel, service entrance or sub panel greater than
200 amps and less than or equal to 600 amps.
Use Groups R-3, R-4 and R-5: $95.
All other Use Groups: $110.
Each service panel, service entrance or sub panel greater than
600 amps and less than or equal to 1,000 amps.
Use Groups R-3, R-4 and R-5: $230.
All other Use Groups: $250.
Each service panel, service entrance or sub panel 1,000 amps
or greater.
Use Groups R-3, R-4 and R-5: $460.
All other Use Groups: $550.
4.
Motors:
Each motor greater than 1-HP and less than 10-HP.
Use Groups R-3, R-4 and R-5: $10.
All other Use Groups: $15.
Each motor 10-HP or less than 50-HP:
Use Groups R-3, R-4 and R-5: $50.
All other Use Groups: $60.
Each motor 50-HP and less than 75 HP:
Use Groups R-3, R-4 and R-5: $95.
All other Use Groups: $110.
Each motor 75-HP and less than 100-HP:
Use Groups R-3, R-4 and R-5: $230.
All other Use Groups: $250.
Each motor 100-HP or greater.
Use Groups R-3, R-4 and R-5: $460.
All other Use Groups: $550.
5.
Transformers.
Each electrical device, transformer and generator greater than
1-KW and less than 10-KW.
Use Groups R-3, R-4 and R-5: $10.
All other Use Groups: $15.
Each electrical device, transformer and generator 10-KW or greater
and less than 45-KW.
Use Groups R-3, R-4 and R-5: $50.
All other Use Groups: $60.
Each electrical device, transformer and generator 45-KW or greater
and less than 75-KW.
Use Groups R-3, R-4 and R-5: $95.
All other Use Groups: $110.
Each electrical device, transformer and generator 75-KW or greater
and less than 112.5 KW.
Use Groups R-3, R-4 and R-5: $230.
All other Use Groups: $250.
Each electrical device, transformer and generator 112.5-KW or
greater.
Use Groups R-3, R-4 and R-5: $460.
All other Use Groups: $550.
6.
Annual inspection of public and commercial swimming pools: $50.
7.
Each permanently installed private swimming pool, spa, hot tub
or fountain (including any required bonding and associated equipment):
$50.
8.
For each bonding inspection and installation of associated equipment,
except panel boards and under water lighting fixtures: $50.
9.
For each light-standard greater than eight feet in height including
luminaries: $10.
10.
For each communications closet or communication rack system:
$10.
11.
For each replacement or wiring involving one branch circuit
(or part thereof).: $10.
12.
For each utility management device: $10.
[Ord. No. 2016-13 Exh.
A]
(a) In order to provide for training, certification and technical support
programs, and as required by the Act and by regulation, the enforcing
agency shall collect, in addition to the fees specified above, a surcharge
fee as set forth in N.J.A.C. 5:23-4.19.
(b) Such surcharge fee shall be remitted to the Bureau of Housing Inspection,
Department of Community Affairs, on a quarterly basis for the fiscal
quarter ending September 30, December 31, March 31 and June 30, 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 of such Department
first become effective, the surcharge fee shall be collected and remitted
for the third and fourth quarters only.
(c) The enforcing agency shall report to the Bureau of Housing Inspection
annually at the end of each fiscal year, and not later than July 31,
the total amount of the surcharge fees collected in the fiscal year.
In the fiscal year in which such regulations first become effective,
such report shall be for the third and fourth quarters only.
[Ord. No. 2016-13 Exh.
A]
Procedures for enforcement of the Act and its regulations are
as set forth in such Act and regulations, as amended from time to
time. Further, penalties for violations of the Act, its regulations
and this chapter shall also be as set forth in such act and regulations,
as such penalties may be amended from time to time.
[Ord. No. 2016-13 Exh.
A]
Whenever the construction official issues pursuant to the Act
(P.L. 1975, c. 217; N.J.S.A. 52:27B-119 et seq.) a temporary certificate
of occupancy to a holder of a construction permit, said construction
official shall ensure that said applicant has met the requirements
set forth in the regulations for the Act (N.J.A.C. 5:23-2.23). If
the holder of a construction permit must complete on-site improvements
relating to the construction of a driveway, driveway apron, landscaping,
or in any way pertain to improvements relating to drainage, then said
construction official, prior to the issuance of said temporary certificate
of occupancy, shall require the applicant for said temporary certificate
of occupancy to enter into an agreement with Princeton, in a form
to be approved by the municipal attorney, whereby said applicant shall
agree to complete all of the aforementioned work as required by the
construction permit. Further, the applicant shall post with the construction
official sufficient security to insure the completion of all of the
remaining work required pursuant to the construction permit in order
to receive a temporary certificate of occupancy. If a holder of a
construction permit must complete other remaining work than that specifically
set forth hereinabove, said construction official may require that
said additional remaining work be included in the aforementioned agreement
with Princeton and further may require the posting of sufficient security
to insure the completion of said remaining work before the temporary
certificate of occupancy is issued.
[Ord. No. 2016-13 Exh.
A]
No building or structure shall be occupied in whole or in part
prior to the issuance of a certificate of construction records clearance
("CRC"). A CRC shall be required prior to the sale of any residential
or commercial structure.
[Ord. No. 2016-13 Exh.
A]
The following conveyances shall be exempt from the requirements
of section 5A.1-11 above:
(a)
Transfer of title to correct a previously recorded deed.
(b)
Title eligible to be recorded as an ancient deed.
(c)
Transfer of title between husband and wife, whether or not relating
to divorce, or between former spouses if the transfer is incident
to an order or judgment from any court of competent jurisdiction.
(d)
Transfer of title relating to new construction for which a certificate
of occupancy is required.
(e)
Transfer of title by or to an executor, administrator or court
order, which affects a distribution of a descendant's estate
in accordance with the provisions of the descendant's will or,
the interstate laws of the state.
(f)
Transfer of title due to refinancing home equity loans, second
mortgages.
(g)
Transfer of title by or to a received, trustee in bankruptcy
or liquidation, or assignee for the benefit of creditors.
[Ord. No. 2016-13 Exh.
A]
(a)
No owner shall permit the sale of a residential or commercial
premises or rentals of commercial premises covered under this article
unless the requisite CRC has been issued. No purchaser or commercial
tenant shall occupy any premises covered under this article until
the requisite CRC has been issued. Owners, commercial tenants and
occupants shall be jointly and separately responsible for failure
to obtain the requisite CRC required hereunder. The owner and/or authorized
agent shall submit a written application and payment of fees at least
10 business days prior to the change of ownership and/or occupancy
on the form provided by the municipality.
(b)
Pre-occupancy records inspection. Prior to the issuance of any
such certificate for any transaction, the enforcing agency shall conduct
a records inspection to ensure that there are not open construction
permits on subject premises. Should there be open permits on subject
premises all final inspections and prior approvals shall be obtained
and appropriate Uniform Construction Code Certificates shall be issued
prior to issuance of the CRC.
[Ord. No. 2016-13 Exh.
A]
The application fee must be paid for in advance for a CRC in
accordance with the following schedule if applied for within:
1-5 business days
|
$125
|
6-10 business days
|
$70
|
11-20 business days
|
$35
|
[Ord. No. 2016-13 Exh.
A]
Any person, firm or corporation violating any provisions of
this article shall, upon conviction, be punishable by a fine not exceeding
$1,000, imprisonment for a period not exceeding 90 days and/or a period
of community service not exceeding 90 days.
[Ord. No. 2016-13 Exh.
A]
(a)
The issuance of a CRC shall not preclude the imposition of penalties
upon the subsequent discovery of Construction Code violations.
(b)
CRC certificates are valid for six months from the date of issue
unless a change in occupancy has occurred and must be renewed for
each occupancy change.