[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 4-11-1977 by Ord. No. 77-3, as amended through 3-23-1992 by Ord. No. 92-11. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 95.
Plumbing — See Ch. 146.
Site plan review — See Ch. 167.
Subdivision of land — See Ch. 179.
Zoning — See Ch. 212.
ATTACHMENTS
Attachment 1 - Building Fee ScheduleAttachment 2 - Electrical Fee ScheduleAttachment 3 - Fire Fee ScheduleAttachment 4 - Plumbing Fee Schedule
There is hereby created, in accordance with the provisions of the State Uniform Construction Code Act, P.L. 1975, c. 217,[1] (hereinafter referred to as the "Act"), an enforcing agency to be known as the "Department of Building Administration of the Borough of Beach Haven."
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Department of Building Administration of the Borough of Beach Haven shall consist of a Building Administrator and such subcode officials, assistants and other personnel as are appointed by the Council to administer and enforce the provisions of the State Uniform Construction Code adopted in accordance with the provisions of the Act. Nothing herein, however, shall prevent the Borough from accepting inspections as to compliance with the State Uniform Construction Code or any subcode thereof made by an inspection authority approved by the State of New Jersey pursuant to law.
The duties of the Building Administrator shall be to administer and enforce the State Uniform Construction Code pursuant to the provisions of the Act. The Building Administrator shall be the chief administrator of the Department of Building Administration. He shall establish the day-to-day operating routines of the Department and coordinate the activities of the subcode officials and other departmental personnel.
[Amended 9-13-2010 by Ord. No. 2010-20]
Subcode officials shall enforce the provisions of the subcodes for which they are responsible in accordance with the provisions of the Act and the regulations promulgated thereunder. The Ocean County Electrical Bureau is hereby designated to act as the electrical subcode inspection agency of the Borough for the year 1977 and thereafter for such term or terms as may be designated by the Council of the Borough in a duly adopted resolution.
One person may hold more than one subcode official position, provided that person is qualified to hold each such position pursuant to the Act and regulations adopted thereunder. Each subcode official shall be responsible for the administration and enforcement of the appropriate subcode, subject to the procedure of the Department of Building Administration as established by the Building Administrator. The Building Administrator shall have the power to overrule a determination of a subcode official based on an interpretation of a substantive provision of the subcode which such subcode official administers only if he is qualified pursuant to the Act to act as a subcode official for that subcode. However, each subcode official shall have exclusive decision-making authority with respect to the technical provisions of the subcode for which he has been appointed the official.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Council may appoint such other assistants and personnel as it deems necessary for the proper functioning of the Department of Building Administration. Such assistants and personnel shall be under the supervision of the Building Administrator or the appropriate subcode official.
The Building Administrator and all subcode officials, assistants and other departmental personnel shall be qualified in accordance with the provisions of the Act and the regulations promulgated thereunder.
The Building Administrator and all subcode officials shall be appointed for a term of four years, beginning January 1 of the year of appointment; provided, however, that nothing herein shall affect the tenure status of any Building Administrator or subcode official who is serving under tenure as otherwise provided by law, and provided further that nothing herein shall affect the civil service status of any Building Administrator or subcode official who, at the effective date of the Act or subsequent thereto, comes under the provision of the civil service statute (N.J.S.A. 11:1-1 et seq.[1]).
[1]
Editor's Note: N.J.S.A. 11:1-1 et seq. was mostly repealed by L. 1986, c. 112, § 11A:12-3. See now Title 11A and Appendix -- Title 11 of the New Jersey Statutes.
[Amended 9-13-2010 by Ord. No. 2010-20]
The annual salary and compensation for the Building Administrator and all subcode officials, assistants and other departmental personnel shall be determined from time to time by the Council and shall be paid in accordance with the provisions of the Salary Ordinance[1] of the Borough of Beach Haven.
[1]
Editor's Note: The current Salary Ordinance is on file in the Borough offices.
A. 
No person employed by an enforcing agency as a construction or subcode official, assistant to the construction or subcode official, trainee, inspector or plan reviewer shall engage in or otherwise be connected, directly or indirectly for purposes of economic gain, with any business or employment furnishing labor, materials, products or services for the construction, alteration or demolition of buildings or structures within any municipality in which he is so employed by an enforcing agency, and in any municipality adjacent to any municipality in which he is thus employed.
[Amended 2-8-1982 by Ord. No. 82-3]
B. 
This section shall not apply to the ownership of stock or other investment instrument in any corporation listed on any national stock exchange, any such business or employment outside the state or dual employment by two or more enforcing agencies.
C. 
The limitation on outside business or employment described in Subsection A shall, for a period of 18 months from the effective date of the Act, apply only to such business or employment within the Borough. Thereafter, the application of Subsection A shall extend throughout the entire state.
The Department of Building Administration shall maintain a central permit office located at 300 Engleside, Beach Haven, New Jersey. This office shall be open during normal business hours and shall receive applications for construction permits and plan review; issue construction permits and certificates of occupancy; collect fees, penalties and fines; and issue notices and orders in accordance with the provisions of the Act and the regulations promulgated thereunder.
The public shall have the right to do business with the Department of Building Administration at the office location set forth in § 74-12 of this chapter, except in the case of emergencies or unforeseen or unavoidable circumstances.
[Amended 8-10-1998 by Ord. No. 98-21]
A. 
Plan review fee. The fee for plan review shall be 20% of the amount to be charged for a new construction permit.
B. 
The basic construction fee shall be the sum of the parts computed on the basis of the volume or cost of construction, and the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates provided herein, plus any special fees.
C. 
Certificates and other permits. The fees are as follows:
(1) 
The fee for a demolition or removal permit shall be $100 for a structure of less than 5,000 square feet in area and less than 30 feet in height, for one- or two-family residences (Use Group R-3 of the Building Subcode), and $120 for all other use groups.
[Amended 7-10-2017 by Ord. No. 2017-20C; 3-13-2023 by Ord. No. 2023-04C]
(2) 
The fee for a permit to construct a sign shall be in the amount of $1 per square foot surface area of the sign, computed on one side only for double-faced signs.
(3) 
The fee for a certificate of occupancy shall be $50.
[Amended 7-10-2017 by Ord. No. 2017-20C]
(4) 
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $75.
(a) 
$50 to Building.
(b) 
$25 to Fire.
(5) 
The fee for certificate of continued occupancy shall be $60.
(a) 
$40 to Building.
(b) 
$20 to Fire.
(6) 
The fee for reinstatement of a lapsed permit shall be $35 per subcode.
(7) 
Annual permits. The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode; managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building and fire protection. Fees shall be as follows:
(a) 
One to 25 workers (including foremen): $667 per worker; each additional worker over 25: $150 per worker.
(b) 
Prior to issuance of an annual permit, a training registration fee of $140 per subcode shall be submitted by the applicant. Checks shall be made payable to "Treasurer, State of New Jersey."
D. 
Fees applicable to §§ 74-15, 74-16, and 74-17 shall be subject to an additional administrative fee of 25% per permit, for the purposes of covering a proportionate share of administrative costs incurred by the Borough in connection with inspections performed by a private agency.
[Added 12-28-2023 by Ord. No. 2023-35C]
[Added 9-12-1994 by Ord. No. 94-29]
A. 
No permit shall be issued except upon written application specifying the sites from and to which the building is to be moved, and the route to be followed. If the building is to be moved wholly over private lands, such permit may be issued by the Building Inspector and Zoning Officer, but if the moving will require the use of any part of any public street, highway or land, the permit shall be issued only by authority of written resolution duly adopted by the Council and Zoning Officer. Such resolution shall contain those conditions the Council may deem proper to protect Borough property and the public, including time limits; state permit issued by the New Jersey Division of Motor Vehicles, and may require indemnity by way of bond or other security. No resolution shall be effective until or unless the security required thereby has been deposited with the Borough Clerk and approved by the Borough Solicitor, by his endorsement thereon to that effect.
[Amended 9-13-2010 by Ord. No. 2010-20]
B. 
No permit, whether issued by the Building Inspector or by the Council, shall be construed to authorize any invasion of private property, nor to make the Borough responsible in any manner for any damage whatsoever, but the owner of the building and his contractor or other persons engaged in the work shall be liable for any and all damages occasioned to Borough property, as well as to private property, or persons. The fee for each moving permit shall be collected by the Building Inspector when the permit is issued by him, or by the Zoning Officer when the permit is issued by resolution as aforesaid. The physical condition of the building to be removed shall comply with the Property Maintenance Code.
[Amended 9-13-2010 by Ord. No. 2010-20]
C. 
The zoning fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot or from outside the municipality to a lot located within the municipality shall be $15 per $1,000 of the sum of the estimated cost of moving the building or structure, provided that the minimum fee shall be $30.
No building permit shall be issued unless a certificate from the Tax Collector of the Borough of Beach Haven is submitted to the Building Inspector certifying that all property taxes, water rents and sewer charges are paid in full and are current as of the date of the request for the building permit.
[Added 12-28-2023 by Ord. No. 2023-35C]
A. 
Required initial inspection. The owner, landlord and/or agent of every single-family, two-family, and/or multiple-dwelling units, offered for rental, shall be required to obtain an inspection of the unit, for lead-based paint hazards, by July 2, 2024.
B. 
Required recurring inspection. After the initial inspection required by § 74-21A, the owner, landlord, and/or agent of such dwelling units, offered for rental, shall be required to obtain an inspection of the unit for lead-based hazards every three years, or at tenant turnover for long-term rentals, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
C. 
Standards. Inspections for lead-based paint, in rental dwelling units, shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to time.
D. 
Exceptions. 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, or for the fees for such inspection or evaluation, if the unit:
(1) 
Has been certified to be free of lead-based paint; or
(2) 
Completed construction during or after 1978; or
(3) 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a 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," N.J.S.A. 55:13A-1 et seq.; or
(4) 
Is a single-family seasonal rental dwelling 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 issued in accordance with N.J.S.A. 52:27D-437.16(d)(2).
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-Based Paint Inspector, or designee, 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, then the Borough's Lead-Based Paint Inspector, or designee, 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 and shall be filed with the Borough's Building and Zoning Department. The Borough's Building and Zoning Department, shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover, and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
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, to the Borough of Beach Haven, at the time of the cyclical inspection.
(2) 
Provide evidence of a valid lead-safe certification 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. 
Fees.
(1) 
Notwithstanding any other fees due pursuant to this chapter, a fee in the amount of $100, per unit, shall be paid for each lead-based paint inspection, performed by the Municipal Inspector. Twenty dollars of said fee shall be deposited into the Lead Hazard Control Assistance Fund, and the remainder shall be dedicated to meeting the costs of implementing and enforcing this subsection.
[Amended 1-25-2024 by Ord. No. 2024-1C]
(2) 
Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 74-21, in which case no additional municipal lead-based paint inspection fee shall be paid. However, the $20 per unit fee, payable to the Municipality, to be deposited into the Lead Hazard Control Assistance Act Fund, shall still be assessed in these situations.
[Amended 1-25-2024 by Ord. No. 2024-1C]
(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.
I. 
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of this sections shall be as follows:
(1) 
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.
(2) 
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.
[1]
Editor's Note: Former § 74-21, Sign permit fee, added 4-28-1997 by Ord. No. 97-5, was repealed 2-9-2009 by Ord. No. 2009-6.
[Amended 4-28-1997 by Ord. No. 97-5; 2-9-2009 by Ord. No. 2009-6; 3-13-2023 by Ord. No. 2023-07C]
The permit fee for the construction of a fence shall be as established in § 212-18.1.
A. 
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations,[1] the Department of Building Administration shall collect, in addition to the fees specified above, a surcharge fee of $0.0006 per cubic foot of volume of new construction. 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 of each year, and not later than one month next succeeding the end of the quarter for which it is due, beginning March 31, 1977.
[1]
Editor's Note: "The regulations" refers to the regulations established by the Commissioner of Community Affairs.
B. 
At the end of each fiscal year, and not later than July 31, the Department of Building Administration shall report to the Bureau of Housing Inspection the total amount of surcharge fees collected during the fiscal year; provided, however, that the first annual report shall be for the third and fourth quarters only of the fiscal year ending June 30, 1977.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Building Administrator shall, with the advice of the subcode officials, prepare and submit to the Council Committee, biannually, a report recommending a fee schedule based on the operation expenses of the Department.
A schedule of the fees imposed by this chapter shall be posted in the office of the Building Administrator and shall be accessible to the public.
Whenever a term used in this chapter is defined in the Act or the regulations promulgated thereunder, such term is intended to have the meaning set forth in the definition of such term in the Act or regulations unless a contrary intention is clearly and explicitly expressed from the context of this chapter.
Immediately upon the adoption of this chapter, the Borough Clerk shall file a certified copy of the same with the Commissioner of Community Affairs of the State of New Jersey.
[Amended 10-13-1992 by Ord. No. 92-29; 2-9-2009 by Ord. No. 2009-6; 9-13-2010 by Ord. No. 2010-20; 9-9-2024 by Ord. No. 2024-28C]
A. 
No pilings shall be installed for the construction or reconstruction of any structure without first having a piling installation permit issued by the Borough of Beach Haven and the posting of a cash performance bond of $500 and a nonrefundable processing fee of $40 with the Borough. The performance bond shall be returned upon the completion of the piling construction and a final inspection by the Superintendent of Public Works, or his designee, of the public street and property adjacent to the site and a certification by such designee that the public street and property have been restored to at least the quality of pre-construction condition.
B. 
All piling installed pursuant to the piling permit required by Subsection A shall be installed only in accordance with the following rules and regulations:
(1) 
No pilings shall be installed prior to 24 hours after the issuance of the required permit.
(2) 
Notification shall be given to the Superintendent of Public Works' office between 9:00 a.m. and 10:00 a.m. of every morning when the piling is to be installed. The Superintendent of Public Works or his designee shall make inspections of the job site.
(3) 
The piling contractor shall not permit, suffer nor allow any water, debris, mud, clay or like overflow, resulting from the jetting of the pilings, to intrude on the public street or right-of-way, but all such materials shall be contained on the lot where the pilings are being jetted and be permitted to percolate into the ground without overflowing from the lot.
(a) 
In the event of any such intrusion of water, debris, mud, clay or the like onto any public right-of-way, the same shall be immediately cleaned by the piling contractor; and
(b) 
If the Superintendent of Public Works shall issue an order to clean up any intrusion of the public right-of-way, which cleanup notice shall not have been complied with by the following inspection, the Superintendent of Public Works shall issue a stop-work order on the project. If the work has not been completely remedied and the right-of-way cleaned up within 48 hours following the issuance of a stop-work order, then, at the sole option of the Borough Manager of the Borough of Beach Haven, the Borough may perform the required cleanup operation and assess the cost thereof, which shall include, without limitation, reimbursement for municipal employees' compensation at time and a half and the actual costs for each and every municipal vehicle used for the said cleanup and any other costs related thereto, to the piling contractor. The stop-work order shall not be removed, nor shall the affected contractor be granted additional building or construction permits until all cleanup costs and/or penalties and fines have been reimbursed to the Borough.
(4) 
If any piling contractor shall permit water which bears clay or other materials which may result in hazardous, slippery conditions on a public right-of-way to occur, such intrusion of water or clay or other slippery material on the public right-of-way shall be a nuisance for which a summons may be issued by the Police Department of the Borough of Beach Haven at the request of the Superintendent of Public Works, and the said offense, upon conviction, shall be punished in accordance with the general penalty provisions of the Code of the Borough of Beach Haven, County of Ocean, State of New Jersey.
(5) 
In no event shall the installation of piling which requires the use of public water be permitted on and between June 15 and September 15.
C. 
Temporary electric poles. Gas-powered generators shall be prohibited on construction sites, but rather a temporary electric power pole shall be installed and activated to bring electric power to the construction site. Exceptions may be made to this section in the case of urgent necessity in the interest of public health and safety.
D. 
Dust generated by cutting of brick pavers, bricks, concrete blocks, stone and fiberglass. Any person, firm, corporation or other legal entity engaged in cutting any stone or masonry products, including, without limitation, brick pavers, bricks, concrete blocks and stone shall perform such cutting only by using water-dampened cutting disks or water-dampened cutting saws to control as much as may be practicable the dispersion of dust generated by such cutting, and any person, firm, corporation or other legal entity sanding any fiberglass product or fiberglass deck shall do so only with a sander equipped with a vacuum-type bag to capture to the greatest extent possible the particles of ground fiberglass generated by the cutting or sanding operation.
E. 
Dust, trash, and plastic contaminants control. Contractors, operating within the Borough of Beach Haven, in addition to other regulatory requirements, shall adhere to the following guidelines to control dust, trash, and plastic contaminants at their worksites:
(1) 
When cutting and drilling AZEK, TREX, any fiberglass, plastic, poly-compound materials, or plastics, contractors shall use a vacuum attachment to control dust, trash, and plastic contaminants at their worksites.
(2) 
Contractors shall cut and drill in confined spaces to keep dusk levels to a minimum and facilitate ease of cleanup.
(3) 
Contractors shall not engage in cutting or drilling activities without placing a tarp under power tools to catch debris and contaminants.
(4) 
Contractors shall tarp their work areas and clean the area a minimum of once a day to prevent the dispersion of dust and plastic contaminants.
(5) 
Contractors shall clean up all plastic contaminants before leaving their worksites, ensuring that no waste is left behind nor can be blown into neighboring properties or the street.
(6) 
Contractors are responsible for informing their employees and subcontractors of the requirements and obligations set forth in this section.
(7) 
Prohibition on storm drain disposal.
(a) 
Contractors are strictly prohibited from blowing debris, dust, or plastic contaminants into streets and/or storm drains. All contractors must dispose of waste materials properly in accordance with existing municipal waste disposal regulations.
(b) 
Contractors must separate waste and recyclable materials, such as cardboard, and dispose of in accordance with Borough ordinances.
(c) 
Contractors whose job site drains to a public stormwater inlet after stormwater leaves the property, prior to cutting, drilling, and any activity regulated by this section, shall install a filter at that stormwater inlet made of polypropylene geotextile which conforms to ASTM Test D4491, D4751, and D4355.
(8) 
Dust, trash, and plastic contaminants control - compliance and enforcement. Any person who violates, fails or refuses to comply with any part or section thereof shall upon conviction in the Municipal Court be punished for § 1. each offense by a fine not to exceed $1,000 or by imprisonment for any term not exceeding 90 days, or both. Every such violation or refusal shall be deemed a separate violation, and each day that the same shall continue shall be deemed a separate violation.
[Added 4-8-2002 by Ord. No. 2002-5; amended 6-14-2004 by Ord. No. 2004-11]
A. 
No construction trailer or other equipment, construction-related debris, sand, fill or other materials shall be permitted on the streets, sidewalks or public rights-of-way in the Borough except immediately adjacent to the lot or lots upon which the construction activity is taking place, and only upon the following terms and conditions:
(1) 
The outside perimeter of any such material shall extend no greater than eight feet from the established curbline and shall be surrounded with reflector cones of at least two feet in height and at intervals of no less than five feet.
(2) 
No such materials shall be permitted to remain on a street, sidewalk or public right-of-way for longer than 48 consecutive hours.
(3) 
No construction trailer or other equipment, dumpsters, construction-related debris, sand, fill or other materials shall be placed in an area or roadway that is designated as "No Parking."
[Added 4-13-2020 by Ord. No. 2020-05C; amended 5-12-2025 by Ord. No. 2025-9C]
A. 
Permit required. Before any work of the type described in this section may begin, the property shall apply for and obtain a building permit after submission of plans and specifications showing compliance with the provisions hereof. Any work in progress shall be subject to inspection by the Construction Official or Building Inspector to ensure compliance therewith.
B. 
Construction specifications for bayside and lagoon bulkheads. The following requirements shall apply, as applicable:
(1) 
All sheathing shall be of sufficient length to have the amount buried below the bay bottom equal to the amount exposed above the bay bottom.
(2) 
Whalers shall be not less than six by six inches, of which there shall be two.
(3) 
All pilings shall have eight-inch minimum diameter butts and shall penetrate 10 feet below bay bottom and be five feet on center maximum.
(4) 
All tie-rods shall not be less than 3/4 inch in diameter and 16 feet in length and shall be set through each piling one foot from the top. All anchor pilings shall not be less than 12 feet in length and shall have eight-inch minimum diameter butts. All tie-rods, bolts and other hardware shall be hot-dipped galvanized.
(5) 
The top of any bulkhead shall have an elevation of five feet above mean sea level, NAVD 1988.
(6) 
All materials shall have a wood preservative treatment of 2.5 pounds per cubic foot CCA.
(7) 
All new bulkheads and bulkhead replacements at marinas in the Marine Commercial Zone and on landlocked lagoons in the Marine Commercial Zone shall set the top of the bulkhead a minimum of four feet above mean sea level, NVAD 1988, and be constructed in a manner that ensures the bulkhead height can be increased in the future. The plans for the bulkheads shall be submitted to the Borough Engineer for review and approval to confirm the bulkheads are designed and constructed in a manner that ensures the height of the bulkhead can be increased.