[HISTORY: Derived from Sec. 14-1 of the 2002 Revised General Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No. 02-27. Amendments noted where applicable.]
GENERAL REFERENCES
Building design — See Ch. 99.
Numbering of buildings — See Ch. 104.
Unfit buildings — See Ch. 108.
Certificate of continued occupancy — See Ch. 114.
Fire prevention — See Ch. 161.
Housing standards — See Ch. 189.
Land use and development — See Ch. 195.
A. 
Establishment. There is hereby established in the Township of Clark a State Uniform Construction Code enforcing agency, to be known as the "Division of Code Enforcement."
B. 
Composition. The Division of Code Enforcement shall consist of a Construction Code 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 Act.
C. 
Administration. The Construction Code Official shall be the chief administrator of the enforcing agency.
D. 
Official positions; qualifications.
(1) 
Each official position created in Subsection B above shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., 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.
(2) 
More than one such official position may be held by the same person, provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each position.
E. 
Public office. 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. That office shall be at the Department of Construction office, Municipal Building, 430 Westfield Avenue, Clark, New Jersey 07066.
F. 
Appeals. All appeals from any decision of any subcode official shall be made to the Union County Construction Board of Appeals.
[Amended 2-7-2005 by Ord. No. 05-04; 5-4-2009 by Ord. No. 09-13; 1-17-2012 by Ord. No. 12-01; 5-15-2023 by Ord. No. 23-16; 8-21-2023 by Ord. No. 23-24; 12-18-2023 by Ord. No. 23-34; 6-20-2024 by Ord. No. 24-11; 3-17-2025 by Ord. No. 25-05]
The following fee schedule shall be applicable as indicated:
A. 
Building.
(1) 
New building and additions (based on cubic volume):
(a) 
Residential: $0.045 per cubic foot.
(b) 
Commercial: $0.05 per cubic foot.
(c) 
Minimum fee: $125.
(d) 
DCA fee (as same may be adjusted from time to time by the New Jersey State Department of Community Affairs): $0.00371 per cubic foot.
(e) 
Electronic permitting recovery fee (as per P.L. 2021, c. 70[1]): $1.90 per $1,000 cost of work adjusted as per DCA fee, for a three-year period ending August 31, 2026, or as extended by the Commissioner.
[1]
Editor's Note: See N.J.S.A. 52:27D-130.
(2) 
Alteration and renovations:
(a) 
Residential: $35 per $1,000 cost of construction.
(b) 
Commercial: $40 per $1,000 cost of construction.
(c) 
Roofing and siding, commercial: $40 per $1,000 cost of construction.
(d) 
Minimum fee: $125.
(e) 
DCA fee (as same may be adjusted from time to time by the New Jersey State Department of Community Affairs): $1.90 per $1,000 cost of work.
(f) 
Electronic permitting recovery fee (as per P.L. 2021, c. 70):[2] $1.90 per $1,000 cost of work adjusted as per DCA fee.
[2]
Editor's Note: See N.J.S.A. 52:27D-130.
(3) 
Combination of new buildings and alterations.
(a) 
Fees shall be computed separately by cubic feet and cost of construction, which shall be the sum of both.
(b) 
The fee for plan review shall be 25% of the amount to be charged for the construction permit. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit. The fee for plan review shall not be refundable. [N.J.A.C. 5:23-4.18(a)1 and (b)1]
(4) 
Certificate of occupancy:
(a) 
New building and addition:
[1] 
Ten percent of building subcode fee.
[2] 
Minimum fee: $125.
[3] 
Certificate, change of use: $300.
(4.1) 
Reserved
(5) 
Change of contractor:
(a) 
For each subcode, as needed: $50.
(6) 
Swimming pools:
(a) 
Aboveground pool: $125.
(b) 
Below-ground pool: $350.
(7) 
(Reserved)
(8) 
(Reserved)
(9) 
Fences: $60 over six feet.
(10) 
Antennas (not more than 10 feet high and a thirty-two-foot radius): $150.
(11) 
Asbestos and lead abatement work: $125.
(12) 
Radon: $60.
(13) 
Office trailer: $300 (other than construction site trailers).
(14) 
Demolition:
(a) 
One- or two-family dwelling: $400.
(b) 
Apartment buildings exceeding two stories: $600.
(c) 
Garages, sheds, accessory uses: $100.
(d) 
Commercial and industrial: $40 per $1,000 cost of demolition, minimum $600; also escrow as per the Code for any demolitions.
(15) 
Signs.
(a) 
All signs shall be computed at $4 per square foot.
(b) 
Double-faced signs shall be charged the area of both sides of the sign.
(c) 
Minimum fee: $100.
(16) 
(Reserved)
(17) 
Reinstatement of a construction permit that has become invalid in accordance with the Uniform Construction Code shall be the full price of the permit as calculated by the most current adopted fees. [N.J.A.C. 5:23-4.17(a)1]
(18) 
Temporary and renewal certificate of occupancy: $125.
(a) 
Note: No initial fee charged, provided certificate of occupancy fee is paid at time of request.
(19) 
(Reserved)
(20) 
Sheds, over 200 square feet and/or over 10 feet in height: $35 per $1,000 cost of construction.
B. 
Electrical.
(1) 
Wiring:
(a) 
One to 50 outlets, fixtures or switches: $100.
(b) 
Each additional 25 outlets or parts thereof (All switches, lighting and receptacles shall be counted as outlets.): $50.
(c) 
Note: For the purpose of computing this fee, the term "receptacles," "fixtures" or "switches" shall include lighting outlets, fluorescent fixtures, intercom devices, light standards, motors or equipment less than one horsepower (hp) or one kilowatt (kw), smoke and heat detectors, alarm devices, thermostats and communications outlets.
(2) 
Heating, cooling equipment or similar appliances:
(a) 
Outlet for single unit of 30 kw or less: $50.
(b) 
Each additional unit or outlet of 30 kw or less: $20.
(c) 
Cable heat, first unit: $50.
(d) 
Each additional cable unit: $25.
(3) 
Electrical devices, including motors, generators and transformers:
(a) 
Single unit or group, not exceeding five motors, whose total capacity does not exceed:
Under 10 hp or kw
$75
10 hp to 50 hp or 10 kw to 45 kw
$150
50 hp to 100 hp or 45 kw to 112.5 kw
$200
Over 100 hp or 112.5 kw
$750
*
To compute fee, count all motors, except plug-in appliances, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical currents.
(4) 
Service meter equipment and feeders:
(a) 
Not over 200 amp: $100.
(b) 
201 to 1,000 amp: $200.
(c) 
Over 1,000 amp: $575.
(d) 
On replacement of service exceeding five meters, for each additional meter: $25.
(e) 
Temporary pole service not over 200 amp: $150.
(f) 
Temporary pole service over 200 amp: $250.
* To compute fee, count all motors, except plug-in appliances, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical currents.
(5) 
Electric signs, incandescent and fluorescent: $100.
(6) 
Primary transformers, vaults, enclosures and substations:
(a) 
Not over 200 kva: $125.
(b) 
Two hundred one kva to 500 kva: $200.
(c) 
Over 500 kva: $400.
Note: Above fees apply to each bank of transformers.
(7) 
In-ground swimming pools:
(a) 
Outlets and bonding: $150.
(8) 
Aboveground swimming pools:
(a) 
Outlets and bonding: $125.
(9) 
Miscellaneous:
(a) 
HVAC equipment (per unit): $40.
(b) 
Furnace: $40.
(c) 
Dishwasher: $40.
(d) 
Garbage disposal: $40.
(e) 
Electric dryer: $40.
(f) 
Electric range: $40.
(g) 
Hot-water heater: $40.
(h) 
Hard-wired microwave oven: $40.
(i) 
Electric baseboard heat greater than four feet in length: $40.
(j) 
Geothermal, kw range of 3.8 to 19.2; heat pump, 2.6 kw to 7.4 kw: $40.
(k) 
Surface units, 5.1 kw: $40.
(10) 
Annual electrical inspection:
(a) 
Annual electrical inspection of public swimming pools, spas or hot tubs: $250.
(11) 
Minimum fee: $125.
(12) 
Electronic permitting recovery fee (as per P.L. 2021, c. 70[3]): $1.90 per $1,000 cost of work adjusted as per DCA fee, for a three-year period ending August 31, 2026, or as extended by the Commissioner.
[3]
Editor's Note: See N.J.S.A. 52:27D-130.
C. 
Plumbing.
(1) 
First plumbing fixture or vent stack: $60.
(a) 
Water closet: $40 each.
(b) 
Urinal/bidet: $40 each.
(c) 
Bathtub: $40 each.
(d) 
Lavatory: $40 each.
(e) 
Shower: $40 each.
(f) 
Floor drain: $40 each.
(g) 
Sink: $40 each.
(h) 
Dishwasher: $40 each.
(i) 
Drinking fountain: $40 each.
(j) 
Washing machine: $40 each.
(k) 
Hose bib: $40 each.
(l) 
Fuel-oil piping: $40 per outlet.
(m) 
Gas piping: $40 per outlet.
(n) 
Commercial gas piping: $40 per $1,000.
(o) 
Sewer pump and sewer ejector: $100 each.
(p) 
Interceptor/separator: $100 each.
(q) 
Backflow devices/vacuum breakers (residential): $40 each.
(r) 
Reduced-pressure backflow devices (commercial/industrial): $125 each.
(s) 
Grease trap: $100 each.
(t) 
Sewer connection and sewer capping: $100 each.
(u) 
Water service connection and water service capping: $100 each.
(v) 
Stacks: $40 each.
(w) 
Indirect connection: $40 each.
(x) 
Water-cooled A/C or refrigeration unit: $80 each.
(y) 
Lawn sprinkler systems: $75.
(z) 
Condensate drain: $40 per unit.
(aa) 
Pool heater: $100.
(bb) 
Gas dryer: $40 each.
(cc) 
Laundry trays: $40 each.
(dd) 
Garbage disposal: $40 each.
(ee) 
Capping of water service: $100.
(ff) 
Commercial and/or special fixtures, boilers, dishwashers and tie-in to process equipment: $100.
(gg) 
Water heater: $50.
(hh) 
Annual backflow inspection: $91 each.
(2) 
Storm drainage system:
(a) 
One roof drain: $80.
(b) 
Two to six roof drains: $40 each.
(c) 
Seven to 12 drains: $30 each.
(d) 
Thirteen and over: $25 each.
(3) 
Building storm drain:
(a) 
Up to eight inches: $100.
(b) 
Ten inches to 15 inches: $150.
(c) 
Eighteen inches to 24 inches: $250.
(d) 
Over 24 inches: $350.
(4) 
Minimum fee: $125.
(5) 
Electronic permitting recovery fee (as per P.L. 2021, c. 70[4]): $1.90 per $1,000 cost of work adjusted as per DCA fee, for a three-year period ending August 31, 2026, or as extended by the Commissioner.
[4]
Editor's Note: See N.J.S.A. 52:27D-130.
D. 
Fire protection: fire protection and other hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas-and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems.
(1) 
Sprinkler heads or commercial detectors (smoke or heat):
1 to 20 heads or detectors
$150
21 to 100 heads or detectors
$200
101 to 200 heads or detectors
$325
201 to 400 heads or detectors
$750
401 to 1,000 heads or detectors
$1,200
Over 1,000 heads or detectors
$1,500
(2) 
Smoke detectors, residential (R-1, R-2, R-3):
(a) 
One to 12 detectors: $80.
(b) 
Each additional 25 detectors: $60.
(3) 
Central control station: $150.
(4) 
Alarm devices (horns/strobes, pull stations, signaling devices): $50.
(5) 
Alarm valves: $75.
(6) 
Standpipe systems: $350.
(7) 
Fire pump: $200.
(8) 
Pre-engineered fire-suppression systems: $200.
(9) 
Gas- or oil-fired appliance (which is not connected to the plumbing system): $100.
(a) 
Gas- or wood-fired stove or fireplace: $90.
(b) 
Water heaters: $50.
(10) 
Kitchen exhaust systems: $75.
(11) 
Storage tank installation (aboveground and underground):
(a) 
Up to 2,000 gallons: $125.
(b) 
Over 2,000 gallons: $175.
(12) 
Storage tank removal/abandonment (aboveground and underground):
(a) 
Up to 2,000 gallons: $100.
(b) 
Over 2,000 gallons: $175.
(13) 
Vapor recovery and/or fuel piping installation: $125.
(14) 
Minimum fee: $125.
(15) 
Electronic permitting recovery fee (as per P.L. 2021, c. 70[5]): $1.90 per $1,000 cost of work adjusted as per DCA fee, for a three-year period ending August 31, 2026, or as extended by the Commissioner.
[5]
Editor's Note: See N.J.S.A. 52:27D-130.
E. 
Mechanical.
(1) 
Water heater: $50 each.
(2) 
Steam boiler: $80 each.
(3) 
Hot-water boiler: $80 each.
(4) 
Chimney liners: $80.
(5) 
Minimum fee: $125.
(6) 
Electronic permitting recovery fee (as per P.L. 2021, c. 70[6]): $1.90 per $1,000 cost of work adjusted as per DCA fee, for a three-year period ending August 31, 2026, or as extended by the Commissioner.
[6]
Editor's Note: See N.J.S.A. 52:27D-130.
F. 
Elevator Subcode.
(1) 
The fee for a permit to install an elevator device shall be a flat fee. The fee may vary for different types of inspections, tests and elevator devices. [N.J.A.C. 5:23-4.18(g)1]
(2) 
The categories of municipal elevator fees shall be identical to the categories of elevator fees listed in N.J.A.C.5:23-12.6(a) and (b).
(3) 
The fee for plan review for elevator devices in structures use group R-3, R-4 or R-5 and for elevator wholly in dwelling units in structure of group R-2 shall be: $84. [N.J.A.C. 5:23-4.20(c)6]
(4) 
The fee for plan review for elevator devices in structures in use groups other than R-3, R-4 or R-5 shall be: $438. [N.J.A.C. 5:23-4.20(c)7]
(5) 
Acceptance tests: Fees for witnessing acceptance tests and performing inspections on new and altered elevator devices shall be as follows: The basic fees for elevator devices in structures not of Group R-3, R-4, or R-5, or in an exempted structure of Group R-2, shall be:
(a) 
Traction and winding drum elevators.
[1] 
One to 10 floors: $408.
[2] 
Over 10 floors: $680.
(b) 
Hydraulic elevators: $362.
(c) 
Roped hydraulic elevators: $408.
(d) 
Escalator and moving walks: $362.
(e) 
Dumbwaiter: $91.
(f) 
Stairway chair, incline and vertical wheelchair lift and man lifts: $91.
(6) 
Additional charges for devices equipped with the following features shall be as follows: [N.J.A.C. 5:23-12.6(A)2.i through iii]
(a) 
Oil buffers: $72.
(b) 
Cwt. governor and safeties: $181.
(c) 
Auxiliary power generator: $137.
(7) 
The witnessing acceptance fee for elevator devices in structures Use Group R-3, R-4 or R-5 or otherwise exempt devices in structures of Group R-2, shall be: $272. [N.J.A.C. 5:23-12.6(a)3]
(8) 
The fee for witnessing acceptance tests of and performing inspections of alterations shall be: $91. [N.J.A.C. 5:23-12.6(a)4]
(9) 
The fee for routine, six-month tests and inspections for escalators shall be as follows: [N.J.A.C. 5:23-12.6]
(a) 
Escalator and moving walk: $253.
(10) 
The fee for one-year periodic inspection and witnessing of tests of elevator devices, which shall include a six-month routine inspection, shall be: [N.J.A.C. 5:23-12.6(b)2.i through vi]
(a) 
Traction and winding drum elevators:
[1] 
One to 10 floors: $362.
[2] 
Over 10 floors: $434.
(b) 
Hydraulic elevators: $272.
(c) 
Roped hydro: $362.
(d) 
Escalator, moving walk: $581.
(e) 
Dumbwaiters: $144.
(f) 
Manlifts, stairway chair lifts, incline and vertical wheelchair lifts: $220.
(11) 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows: [N.J.A.C. 5:23-12.6(b)3.i through iii]
(a) 
Oil buffers, per buffer: $72.
(b) 
Cwt. governor and safeties: $144.
(c) 
Auxiliary power generator: $91.
(12) 
The fee for the three-year or five-year inspection of elevator devices shall be as follows: [N.J.A.C. 5:23-12.6(b)4.i and ii]
(a) 
Transaction and winding drum elevators:
[1] 
One to 10 floors (five-year inspection): $616.
[2] 
Over 10 floors (five-year inspection): $775.
(b) 
Hydraulic and roped hydraulic elevators:
[1] 
Three-year inspection: $464.
[2] 
Five-year inspection: $272.
(13) 
The fee for any reinspection of an elevator device shall be billed separately from the above fees upon the issuance of a notice of violation necessitating a reinspection.
(a) 
Reinspection of an elevator device: $244.
(14) 
Electronic permitting recovery fee (as per P.L. 2021, c. 70): $1.90 per $1,000 cost of work adjusted as per DCA fee, for a three-year period ending August 31, 2026, or as extended by the Commissioner.
G. 
Minimum fee.
(1) 
Any item required to have a permit not listed in fees:
(a) 
All subcodes: $125.
The Construction Code Official shall, with the advice of the subcode officials, prepare and submit to the Township Council annually a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the Township fairly attributable to the enforcement of the State Uniform Construction Code Act.
A. 
In order to provide for the training, certification and technical support programs required by the State Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified in this chapter, a surcharge, as determined by the State of New Jersey, for new construction, per cubic foot of volume. The surcharge fees shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis or the fiscal quarters ending September 30, December 31, March 31 and June 30, not later than one month following the quarter for which it is due.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The enforcing agency shall report annually at the end of each fiscal year to the New Jersey Department of Community Affairs, not later than July 31, the total amount of the surcharge fees collected in the fiscal year.
A. 
Waiver of fee. No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein. A disabled person or parent or sibling of a disabled person shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his/her own living unit.
B. 
"Disabled person" defined. For the purposes of this section, a "disabled person" is a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this state who is disabled pursuant to the Federal Social Security Act or the Federal Railroad Retirement Act of 1974 or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans Act. For the purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. Any eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.