[HISTORY: Adopted by the Township Council of the Township
of Pequannock 7-22-1997 as Ch.
064 of the 1997 Code. Amendments noted where applicable.]
There is hereby established in the Township of Pequannock a
State Uniform Construction Code enforcing agency, consisting of a
Construction Official, Building Subcode Official, Plumbing Subcode
Official, Electrical Subcode Official, Fire Protection Subcode Official
and 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 for the enforcement
of the State Uniform Construction Code and shall be within the Township
Department of Construction and Land Use. All other subcode officials
or other Township employees or on-site inspection services responsible
for the enforcement of the Uniform Construction Code within the Township
shall be employees of the Department of Construction and Land Use.
Each official position created in § 123-1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217,[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
The public shall have the right to do business with the enforcing
agency at one office location within the Township except for emergencies
and unforeseen or unavoidable circumstances. The Construction Official
and all subcode officials shall have regular office hours, the schedule
of which shall be made public and shall be posted with the Township
Clerk.
[Amended 11-28-2000 by Ord. No. 2000-25; 6-22-2004 by Ord. No. 2004-22; 11-23-2004 by Ord. No. 2004-34; 10-27-2009 by Ord. No. 2009-22; 4-24-2012 by Ord. No.
2012-06; 5-23-2017 by Ord. No. 2017-06]
There is hereby established a fee schedule adopted pursuant to the State Uniform Construction Code. The fee schedule is included in Chapter 152, Fees.
[Amended 10-27-2009 by Ord. No. 2009-22]
In order to provide for the training and certification and technical
support programs required by the State Uniform Construction Code Act,[1] the enforcing agency shall collect a surcharge fee to
be based upon the volume of new construction or the value of construction
for other types of construction within the municipality. Said fee
shall be accounted for and forwarded to the Division of Codes and
Standards. The fee shall be in the amount as set forth in N.J.A.C.
5:23-4.19(b). For the purpose of calculating this fee, volume shall
be computed in accordance with N.J.A.C. 5:23-2.28. The municipality
shall remit fees to the Division on a quarterly basis, in conjunction
with Report Number R-84OB, State Training Fee Report, in accordance
with N.J.A.C. 5:23-4.5(e). Fees remitted shall be for the quarter.
Checks shall be made payable to "Treasurer, State of New Jersey."
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[Added 9-27-2005 by Ord.
No. 2005-16]
A.
CONSTRUCTION RECORDS CLEARANCE (CRC)
Definitions. The following words
and terms are defined as follows:
A certificate issued by the Township Construction Official
certifying that there are no open permits or pending violations on
the subject property.
B.
When required. No building 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 and prior to
the rental of any tenant space in a commercial structure within the
Township.
C.
Exceptions. The following transactions
are exempt from obtaining a CRC as long as no change in physical occupancy
occurs:
(1)
Transfer of title to correct
a previously recorded deed.
(2)
Title eligible to be recorded
as an ancient deed pursuant to N.J.S.A. 46:26A-4.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
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.
(4)
Transfer of title relating
to new construction for which a certificate of occupancy is required.
(5)
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 intestate laws of the state.
(6)
Transfer of title due to refinancing,
home equity loans, and second mortgages.
(7)
Transfer of title by or to
a receiver, trustee in bankruptcy or liquidation, or assignee for
the benefit of creditors.
(8)
Residential tenants.
D.
Responsibility. No owner shall
permit the sale of a residential or commercial premises or rental
of commercial premises covered under this section unless the requisite
CRC has been issued. No purchaser or tenant shall occupy any premises
covered under this section until the requisite CRC has been issued.
Owners, tenants and occupants shall be jointly and separately responsible
for failure to obtain the requisite CRC required hereunder. The owner
or his 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 Township.
E.
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 no open construction permits on the subject premises.
Should there be open permits on the 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.
