[1980 Code § 92-1; Ord. No. 2465-2016 § 1; Ord. No. 2472-2016 § 1]
a. 
There is hereby established in the Borough of Roselle Park a State Uniform Construction Code enforcing agency 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, Inspectors, Technical Assistants and such other Subcode officials, Inspectors, and Technical Assistants 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 paragraph a hereof 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 or Inspector, 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 N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23 to hold each such position.
c. 
The public shall have the right to conduct business with the enforcing agency during the hours of operation established by the Borough of Roselle Park, except for emergencies and unforeseen circumstances. The hours of operation shall be conspicuously posted within the Municipal Building.
[1980 Code § 92-2; Ord. No. 1092; Ord. No. 2465-2016 § 2; Ord. No. 2472-2016 § 2]
All appeals from decisions by the enforcing agency, shall be filed with the Union County Construction Board of Appeals in accordance with the provisions of the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq. and the regulations promulgated under N.J.A.C. 5:23.
[1980 Code § 92-3; Ord. No. 1025; Ord. No. 1079; Ord. No. 1203; Ord. No. 1250; Ord. No. 1283; Ord. No. 1340; Ord. No. 1492; Ord. No. 1620; Ord. No. 1716; Ord. No. 1995; Ord. No. 2152; Ord. No. 2247 § 1; Ord. No. 2276; Ord. No. 2465-2016 § 3; Ord. No. 2472-2016 § 3; amended 7-20-2023 by Ord. No. 2732; 6-6-2024 by Ord. No. 2782]
a. 
The fees to be charged for a construction permit shall be the sum of the below fees and shall be paid before the permit is issued. Fees may be rounded to the nearest dollar amount.
1. 
The Building Subcode fees shall be as follows:
(a) 
For new construction and additions, the fees are based on volume in cubic feet. The fee shall be $0.06 per cubic foot for use Groups R-3 and R-5 and $0.075 per cubic foot for all other Use Groups. The minimum fee shall be $400 for use groups R-3 and R-5 and $600 for all other use groups.
(b) 
For renovations, alterations and repairs, the fees shall be based on estimated cost of the work, except that the minimum fee shall be $100 for use groups R-3 and R-5 and $200 for all use groups other than R-3 and R-5. The fee shall be calculated at a rate of $40 per $1,000 of construction value.
(c) 
Plan Review. The fee for plan review shall be 20% of the amount charged for the construction permit. The amount of this fee shall be deducted from the amount of the fee due for a construction permit. Plan review fees are not refundable.
(d) 
Demolition Fees:
(1) 
Demolition of a one- or two-family residence shall be $2,000;
(2) 
All other use groups shall be $3,500;
(3) 
Residential accessory structures shall be $150;
(4) 
Sewer and water capping associated with a demolition permit (Plumbing Subcode) shall be $200 each.
(e) 
Roofing and Siding:
(1) 
Roofing and siding for all use groups, other than R-3 and R-5 shall be priced as rehabilitation. The fee shall be calculated at a rate of $40 per $1,000 of construction value.
(2) 
The fee for repair or replacement of Poly-propylene siding, for all Use Groups, shall be calculated at a rate of $40 per $1,000 of construction value.
(f) 
Elevator Fees: The fees shall be as set forth in N.J.A.C. 5:23-12.
(g) 
Sign Fees: The fee for a permit to construct a sign shall be in the amount of $6 per square foot surface of the sign, computed on one side only for double faced signs. The minimum fee shall be $150.
(h) 
Certificate of Occupancy Fees, New Construction or Alterations:
(1) 
The fee for use group R-5 reconstructions and additions shall be 10% of the total cost of the permit with a minimum fee of $300.
(i) 
The fee for new construction R-5 shall be the greater of 10% of the total cost of the permit or a minimum fee of $500.
(ii) 
The fee for a Certificate of Occupancy issued for decks and pools, both in ground and above ground and accessory structures, shall be $100.
(2) 
The fee for all use groups other than R-5 shall be the greater of 10% of the total cost of the permit or a minimum fee of $600.
(3) 
The fee for a Certificate of Occupancy granted pursuant to a change of use shall be $500.
(4) 
The fee for a Certificate of Continued Occupancy, based upon the applicants' request, shall be $500.
(5) 
The fee for a Temporary Certificate of Occupancy certifying that work was done under a construction permit and complies with DCA bulletin (01-2) or its successor shall be $300 for all use groups.
(6) 
Certificates of Approval shall carry no fee.
(i) 
Asbestos Abatement Fees: An administrative fee of $500 shall be charged for an asbestos abatement project.
(j) 
Variation Fees: The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $500 for Class I structures and $150 for Class II and Class III structures.
(k) 
Swimming Pools:
(1) 
The fee for an aboveground swimming pool shall be $200.
(2) 
The fee for an in-ground swimming pool shall be $900.
(3) 
The fee for a fence as part of a pool enclosure shall be $100.
(l) 
Lead Abatement:
(1) 
The fee for a permit for lead abatement work shall be $200.
(2) 
The fee for a lead abatement clearance certificate shall be $30.
(m) 
Storage Tanks, Installation and Removal Per Tank:
(1) 
Tanks unregulated as per DCA Bulletin 95-1B or its successor: $150.
(2) 
Regulated tanks as per DCA Bulletin 95-1D or its successor: $1,500.
2. 
The Plumbing Subcode fees shall be as follows:
(a) 
All plumbing fixtures, stacks and vents, including but not limited to all sinks, urinals, water closets, bathtubs, fountains, dishwashers, garbage disposals, clothes washers, floor drains, roof drains including roof leaders, or similar devices: $40 per fixture; minimum fee of $100.
(b) 
Special devices, grease traps, oil, sewage ejectors, separators, water-cooled air-conditioning, utility service connections (sewer or water), not limited to sump pump, water softener, gas pipe, waterlines: $200 per unit.
(1) 
Sewer capping, water line capping $200 each.
(2) 
Condensate pumps A/C: $50.
(3) 
Back wash discharge & pool heaters all pools: $125.
(c) 
Boilers, furnaces and hot air furnace replacements including AC condenser unit replacements in the same location: $250 per unit; steam or hot water boiler: need backflow preventer.
(1) 
Unit heaters: $150.
(2) 
Hot air furnace with A/C (New, or relocated within the structure): $150.
(3) 
Gas air test six-month shut off only: $100.
(d) 
Hot water heaters:
(1) 
One hundred dollars per unit for use groups R-3 or R-5.
(2) 
One hundred fifty dollars for all other use groups.
(e) 
Backflow and pressure-reducing devices:
(1) 
Backflow preventer for residential home only: $35.
(2) 
Industrial backflow preventer: $100.
(3) 
Backflow preventer lawn sprinkler: $75.
(4) 
Backflow preventer yearly test: $100.
(f) 
Oil tank piping:
(1) 
One gallon to 550 gallons: $100.
(2) 
Oil Tank piping for tanks above 550 gallons: $150.
(3) 
Oil storage tank with double wall containment: $150.
3. 
The Electrical Subcode fees shall be as follows:
(a) 
Receptacles and fixtures including smoke detectors, heat detectors, intercom devices, and burglar alarms.
(1) 
One to 50: $100;
(2) 
Each additional 25 fixtures: $50;
(3) 
Parking lot light standards, each: $75.
(b) 
Motors and electrical devices.
(1) 
One-half horsepower to 10 horsepower: $60;
(2) 
Ten and one-tenth horsepower to 25 horsepower: $100;
(3) 
Twenty-five and one-tenth horsepower to 50 horsepower: $175;
(4) 
Fifty and one-tenth horsepower to 75 horsepower: $200;
(5) 
Seventy-five one-tenth horsepower to 100 horsepower: $250;
(6) 
One-hundred and one-tenth horsepower and larger: $500.
(c) 
Transformers and generators.
(1) 
One kilowatt to 10 kilowatts: $100;
(2) 
Ten and one-tenth kilowatts to 50 kilowatts: $150;
(3) 
Fifty and one-tenth kilowatts to 112.5 kilowatts: $200;
(4) 
One hundred twelve and six-tenths 112.6 kilowatts and larger: $500.
(d) 
Service equipment, including service panel, service entrance, sub-panel and automatic transfer switches.
(1) 
Zero to 149.9 amperes: $100;
(2) 
One hundred fifty to 299 amperes: $250;
(3) 
Three hundred amperes to 450 amperes: $300;
(4) 
Four hundred fifty-one amperes to 649: $400;
(5) 
Six hundred fifty amperes and larger: $1,000.
(e) 
Other electrical items including gas-pipe bonding: $100.
(f) 
Minimum electrical permit fee (including permit updates): $100.
(g) 
Low Voltage Service Equipment:
(1) 
Low voltage fees:
(i) 
Alarms R-3 & R-5 use groups: $100.
(ii) 
Alarms all other use groups: $250 up to 25 contacts, additional contacts shall be charged out at a rate of $100 for each additional 25 contacts or fraction thereof.
(iii) 
Data: one to 50: $200; each additional connections or fraction thereof: $100.
(iv) 
Telephone: one to 50: $150; each additional 25 connections or fraction thereof: $100.
(2) 
High Voltage Service-minimum fee: $1,500.
(h) 
Swimming pools.
(1) 
Permit fee:
(i) 
Above-ground: $125.
(ii) 
In-ground: $500.
(2) 
Pumps, bonding, convenience outlets, lights, sweepers and other accessories: At the rates set forth in other section of this ordinance or at published rates. For in ground pool the fee shall be $100.
(3) 
Annual inspection fee. All pools other than private pools, which are accessory to one- and two-family homes, are subject to an annual electrical inspection. The fee shall be $300.
(4) 
Pool bonding certification for in-ground public pools shall be $125.
(i) 
Solar Equipment.
(1) 
Less than 10 KW, $125.
(2) 
From 10 KW to 20 KW, $200.
(3) 
From 20.1 KW to 50 KW, $300.
(4) 
From 50.1 KW to 100 KW, $400.
(5) 
Over 100 KW, $600.
(6) 
First 40 photovoltaic panels, $250.
(7) 
Forty-one to 80 photovoltaic panels, $400.
(8) 
Eighty-one to 100 photovoltaic panels, $500.
(9) 
Greater than 100 photovoltaic panels, $600.
4. 
The Fire Subcode fees shall be as follows:
(a) 
Sprinkler, wet and dry, based upon the number of heads being installed:
Number of Heads
Fee
1 to 20
$300
21 to 100
$500
101 to 200
$800
201 to 400
$1,200
401 to 1,000
$1,500
Over 1,000
$1,800
(b) 
Smoke and heat detectors, horns, strobes, bells, tempers, pull stations, water flow alarms, and similar devices, all use groups.
(1) 
One to eight: $100.
(2) 
Each additional eight: $75.
(c) 
Pre-engineered systems:
(1) 
CO(2) Suppression: $300.
(2) 
Halon Suppression: $300.
(3) 
Foam Suppression: $300.
(4) 
Dry Chemicals: $300.
(5) 
Wet Chemicals: $300.
(d) 
Standpipe: $300.
(e) 
Kitchen hood exhaust systems: $300. (Excludes R-2, R-3, & R-5 Residential Use Groups).
(f) 
Incinerators: $500.
(g) 
Crematoriums: $1,000.
(h) 
Gas or oil-filled appliances including chimney liners: $100.
(i) 
Exit and emergency lights (including exit discharge lights):
(1) 
One to five: $100;
(2) 
Each additional five: $50.
(j) 
The fee for each standalone sprinkler system water main shall be $200. (Designed under NFPA 13).
(k) 
Tank installations:
(1) 
Unregulated tanks: $150 installed under DCA Bulletin 95-1A;
(2) 
Regulated tanks: $1,500 installed under DCA Bulletin 95-1C;
(3) 
Emergency shut-off device and gasoline dispensers: $150 per device.
(l) 
The minimum fee for Fire Subcode is $100.
5. 
General provisions.
(a) 
Receipt of a fully completed application for a permit, signed by the applicant, is a prerequisite for conducting inspections and issuing permits.
(b) 
All fees set forth herein shall cover the costs of two inspections made on any one application.
(c) 
Each additional inspection on any one application shall require a minimum reinspection fee of $100.
(d) 
An authorized representative of the applicant, as well as the licensed contractor's representative (all Subcodes) shall be present at the work site for each inspection to be made.
(e) 
The estimated cost (value) of work for any Subcode shall include all costs associated with the project, (N.J.A.C. 5:23-2.14) the costs shall include all labor, materials, and contractor's profit. The amounts entered on the permit application forms are subject to review by the Construction Official, who may approve or modify them as necessary using the latest addition of the Means Cost Data guide. A copy of the contract, contractor's proposal, or an estimate submitted by a New Jersey Licensed Design Professional or licensed contractor is required.
(f) 
Non-Use; Lapse of Permits:
(1) 
In the event that a permit once issued and paid for shall not be exercised or constructed, the permittee shall be entitled to a refund in the amount of the fee paid upon a written application therefore and return of the permit issued less the 20% designated as plan review.
(2) 
In the event a permit shall lapse by reason of time, the fee upon application for renewal shall be the full price of the permit as calculated by the most currently adopted fees as listed in this ordinance.
(3) 
The fee for a charge of contractor shall be $100 per Subcode (Minimum Fee).
6. 
Waiver of enforcing fees for the following:
(a) 
Construction performed by or on behalf of the Borough of Roselle Park;
(b) 
Construction to a public building owned by the County of Union or the Roselle Park Board of Education;
(c) 
Houses of Worship within the Borough of Roselle Park when they "own the land and improvements" where they conduct services; and
(d) 
Federal 501(c)(3) Organizations within the Borough of Roselle Park when they "own the land and improvements."
b. 
The Construction Official shall, with the advice of the Subcode Officials, prepare and submit to the Mayor and Council annually 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 as outlined in N.J.A.C. 5:23-4.19. The 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. All fees calculated shall be rounded off to the closest dollar amount.
2. 
The enforcing agency 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, the report shall be for the third and fourth quarters only.
d. 
The fees contained in this subsection shall not apply to the Borough of Roselle Park. The Construction Code Official or other applicable Subcode Official shall be permitted to waive any of the fees listed in paragraph a1, 4, 5, 6, 7, 8, 9, and 10 at his discretion if the person or entity applying for the permit is the Board of Education of the Borough of Roselle Park.
[1980 Code § 92-4; Ord. No. 2465 § 4; Ord. No. 2472-2016 § 4]
a. 
The following fire limits are established pursuant to N.J.A.C. 5:23:
1. 
Westfield Avenue from the City line of Elizabeth to the Township line of Cranford one hundred fifty (150) feet on the north side and the entire area from Westfield Avenue to the Central Railroad of New Jersey on the south side, or a greater distance if required by the business zoning section of the Zoning Ordinance.
2. 
Chestnut Street from Westfield Avenue to the southerly right-of-way of the Lehigh Valley Railroad and two hundred (200) feet on each side thereof.
b. 
The Construction Official shall prepare and submit to the Mayor and Council biannually a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
[Added 12-19-2024 by Ord. No. 2807]
COMMON INTEREST COMMUNITY
A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
LEAD INSPECTOR or LEAD EVALUATION CONTRACTOR (Interchangeable)
A person certified by the Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
LEAD-SAFE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and no lead-based paint hazards were found. This certification is valid for two years from the date of issuance.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
VISUAL ASSESSOR
A person that is certified to perform a visual assessment.
[Added 12-19-2024 by Ord. No. 2807]
a. 
A lead evaluation contractor for the Borough of Roselle Park shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough of Roselle Park for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
b. 
The property owner or landlord may, in lieu of having the dwelling inspected by the Borough's lead evaluation contractor, directly hire a private lead inspector who is certified to provide lead paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
c. 
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
1. 
Has been certified to be free of lead-based paint;
2. 
Was constructed during or after 1978;
3. 
Is in a multiple dwelling that has been reregistered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, see N.J.S.A. 55:13A-1 et seq.;
4. 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or,
5. 
Has a valid lead-safe certification.
d. 
The owner, landlord, and/or agent of every single-family, two-family, or multiple rental dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three (3) years, or at tenant turnover, whichever is earlier.
e. 
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the Borough's lead evaluation contractor, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
f. 
If no lead-based paint hazards are identified, the Borough's lead inspector or the owner's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
g. 
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
1. 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover at the time of the cyclical inspection.
2. 
Provide evidence of a valid lead-safe certification obtained pursuant to this Section to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
3. 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.
h. 
The fees for lead-based paint inspection shall be as follows:
1. 
The fee for a visual assessment shall be $250.00 per unit performed by the Borough's lead evaluation contractor.
2. 
The municipal filing fee lead-safe certification or lead-free certification shall be $20.00 per unit.
3. 
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
4. 
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20.00 per dwelling unit inspected by the Borough's lead evaluation contractor, or the owner's private lead inspector, shall be assessed for the purposes of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et seq.) unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20.00. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund under the administration of the New Jersey State Department of Community Affairs.
5. 
The fee for a reinspection or clearance shall be $295.00 per unit.
6. 
The fee for an XRF (X-Ray Florescence) lead inspection shall be $150.00 per unit.
7. 
Hard copies of inspection reports shall be $50.00 per report.
[Added 12-19-2024 by Ord. No. 2807]
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 16-2.2d and f shall be as follows:
a. 
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
b. 
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.