[HISTORY: Adopted by the Council of the Township of Montclair 3-25-1997 by Ord. No. 97-11. Amendments noted where applicable.]
GENERAL REFERENCES
Air conditioning and refrigeration — See Ch. 67.
Fire prevention — See Ch. 153.
Fire safety — See Ch. 157.
Multifamily buildings — See Ch. 213.
Sewers — See Ch. 269.
Signs — See Ch. 277.
Site plan review — See Ch. 281.
Subdivision of land — See Ch. 301.
Swimming pools — See Ch. 305.
Zoning — See Ch. 347.
A. 
There is hereby established in the Township of Montclair a State Uniform Construction Code enforcing agency to be known as Construction Code Enforcing Division, consisting of a Construction Official, Electrical Subcode Official, Building Subcode Official, Plumbing Subcode Official, Fire Subcode Official, Elevator Subcode Official, Technical Assistant, Control Person and such other subcode officials 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 Code Official shall be the chief administrator of the enforcing agency. The Construction Code Official, all subcode officials, all inspectors and all other personnel shall be appointed by the Township Manager.
[Amended 9-2-1997 by Ord. No. 97-40]
B. 
Each official position created in Subsection A herein shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[1] 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. Pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23, one such official position may be held by the same person, provided that such person is qualified.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
Appeals from decisions of the enforcing agency shall be made to the Essex County Construction Board of Appeals as provided in N.J.S.A. 52:27D-127.
Plumbing and electrical work shall not be undertaken except by persons licensed to perform such work pursuant to law, except in the case of a single-family homeowner on the homeowner's dwelling.
A. 
Plan review fee. The fee for plan review shall be 20% of the amount to be charged for a new construction permit. The fee is nonrefundable.
B. 
The basic construction permit fee shall be the sum of the parts computed on the basis of the volume or cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and devices, the number of sprinklers, standpipes and detectors (smoke and heat), at the unit rates provided herein plus any special fees. The minimum permit fee for a basic construction permit covering any or all of the building, plumbing, electrical and fire protection work shall be $85.
[Amended 6-10-1997 by Ord. No. 97-24; 9-2-1997 by Ord. No. 97-40; 9-19-2000 by Ord. No. 00-46; 2-20-2018 by Ord. No. O-18-007; 2-25-2025 by Ord. No. O-25-04]
(1) 
Building volume or cost. The permit fees for new construction or alteration are as follows:
(a) 
Permit fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.038 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the Building Subcode. The minimum fee for new construction shall be $175.
(b) 
Renovations, alteration and repairs.
[1] 
Permit fees for renovations, alteration and repairs shall be based upon the estimated cost of the work.
[a] 
The fee shall be in the amount of $34 per $1,000.
[b] 
From $50,001 to and including $100,000, the additional fee shall be in the amount of $26 per $1,000 of the estimated cost above $50,000.
[c] 
Above $100,000, the additional fee shall be in the amount of $22 per $1,000 of the estimated cost above $100,000.
[2] 
For the purpose of determining estimated cost, the applicant shall submit to the Construction Official such cost data as may be available 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 Construction Official shall make the final decision regarding estimated cost.
(c) 
Permit fees for additions shall be computed on the same basis as for new construction for the added portion, except that the minimum fee for an addition shall be $150.
(d) 
Permit fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection B(1)(a) and (b) above.
(e) 
In order to provide for the training and certification and technical support programs required by the Act,[1] the enforcing agency shall collect a surcharge fee to be based upon the volume of new construction within the township. Said fee shall be accounted for and forwarded to the Bureau of Housing Inspection. This fee shall be in the amount as set forth in N.J.A.C. 5:234.19(b). For the purpose of calculating this fee, volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(f) 
The fee for the removal or abandonment of any fuel storage tank shall be $150.
(2) 
Plumbing fixtures and equipment.
(a) 
For the purpose of computing permit fees:
[1] 
Plumbing fixtures shall include but not be limited to stacks, lavatories, kitchen sinks, slop sinks, sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, washing machine connections and similar fixtures.
[2] 
Plumbing appurtenances shall include but not be limited to devices, a manufactured device or an on-the-job assembly of component parts, which adjunct to the basic piping system and plumbing fixtures, pressure reducing valves, backflow prevention devices, back water valves, vacuum breakers, grease traps, interceptors and similar devices.
[3] 
Plumbing appliances shall include but not be limited to hot water heaters, tankless heaters, heat exchangers, water storage tanks, solar panels, water pressure booster systems, sump pumps, dishwashers, ice makers, instant hot water coils, sewerage ejectors, garbage disposal units, sterilizers, aspirators.
(b) 
The permit fee for the installation or replacement of a plumbing fixture shall be $20 for each plumbing fixture.
(c) 
The permit fee for hot water boilers, water cooled air-conditioning units and steam boilers shall be $75.
(d) 
The permit fee for the installation or replacement of a plumbing appurtenance and/or special device shall be $75 per plumbing appurtenance and/or special device, except that the fee for backflow preventors that do not require ongoing inspection shall be $20.
(e) 
The permit fee for the installation or replacement of a plumbing appliance shall be $50.
(f) 
The permit fee for the installation of a house or building sewer and/or water service pipe is $65.
(g) 
The permit fee for the installation or replacement of subsoil drains shall be $20.
(h) 
The permit fee for gas piping is $46.
(i) 
The permit fee for the installation or replacement of oil lines and/or oil tank piping shall be $46.
(j) 
The minimum fee for any permit issued for the plumbing subcode shall be $85.
(3) 
Electrical fixtures and devices. The permit fees shall be as follows:
(a) 
From one to 50 receptacles or fixtures, the fee shall be in the amount of $75; for each 25 receptacles or fixtures, in addition to this, the fee shall be in the amount of $18. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of less than one horsepower or one kilowatt.
(b) 
For each motor or electric device greater than one horsepower and less than or equal to 10 horsepower and for transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts, the fee shall be $50.
(c) 
For each motor or electrical device greater than 10 horsepower and less than or equal to 50 horsepower, for each service panel, service entrance or subpanel less than or equal to 200 amperes and for all transformers and generators greater than ten kilowatts and less than or equal to 45 kilowatts, the fee shall be $125.
(d) 
For each motor or electrical device greater than 50 horsepower and less than or equal to 100 horsepower, for each service panel, service entrance or subpanel greater than 200 amperes and less than or equal to 1,000 amperes, and for transformers and generators greater than 45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall be $150.
(e) 
For each motor or electrical device greater than 100 horsepower, for each service panel, service entrance or subpanel greater than 1,000 amperes and for each transformer or generator greater than 112.5 kilowatts, the fee shall be $475.
(f) 
For the purpose of computing these permit fees, all motors, except those in plug-in appliances, shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.
(g) 
The minimum fee for any permit issued for the electrical subcode shall be $85.
(h) 
For in-ground swimming pools and spas bonding, one receptacle, one motor, the fee shall be $100.
(i) 
For hydromassage tubs, etc., the fee shall be $100.
(4) 
Fire protection and other hazardous equipment. For sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums:
(a) 
The fee for 20 or fewer heads or detectors shall be $100; for 21 to and including 100 heads or detectors, the fee shall be $175; for 101 to and including 200 heads or detectors, the fee shall be $300; for 201 to and including 400 heads or detectors, the fee shall be $768; for 401 to and including 1,000 heads or detectors, the fee shall be $1,060; for 1,001 heads and over the fee shall be $1,343. In computing fees, each sprinkler head and each detector shall be each counted as one.
(b) 
The fee for each standpipe shall be $300.
(c) 
The fee for each pre-engineered system shall be $150.
(d) 
The fee for each gas- or oil-fired appliance not connected to the plumbing system shall be $75.
(e) 
The fee for each kitchen exhaust system (commercial) shall be $150.
(f) 
The fee for each incinerator shall be $500.
(g) 
The fee for each crematorium shall be $750.
(h) 
The installation of any fuel storage tank shall be $150.
(i) 
For each vapor recovery system, the fee shall be $100.
(5) 
Elevator registration and inspection fees.
(a) 
Elevators in the Township of Montclair shall be installed and inspected pursuant to N.J.A.C. 5:23-12 et seq.
(b) 
Elevator registration shall be required pursuant to N.J.A.C. 5:23-12.4 and 12.5.
(c) 
All plan reviews for the installation of new elevators shall be done pursuant to N.J.A.C. 5:23-12 et seq. The fee for plan review for elevator devices in structures of Group R-3, R-4, or R-5, and for elevator devices wholly within dwelling units in structures of Group R-2, shall be $70 for each device. The fee for plan review for elevator devices in structures of Groups other than R-3, R-4, or R-5 and devices in structures of Group R-2 exempted above shall be $365 for each device.
(d) 
The fee for performing inspection of minor work shall be $100.
(e) 
For the required routine and periodic inspections, tests and permits for elevator devices in structures not of Group R-3, R-4, or R-5, or otherwise exempt devices in structures of Group R-2, fees shall be as follows:
[1] 
The fee for the six-month routine inspection of escalators shall be $250.
[2] 
The fee for the one-year periodic inspection and witnessing tests of elevator devices shall be as follows:
[a] 
Traction and winding drum elevators:
[i] 
One to 10 floors: $500.
[ii] 
Over 10 floors: $550.
[b] 
Hydraulic elevators: $375.
[c] 
Roped hydraulic elevators: $400.
[d] 
Moving walks: $600.
[e] 
Dumbwaiters: $200.
[f] 
Manlifts, stairway chairlifts, inclined and vertical wheelchair lifts: $250.
[g] 
Escalators: $600.
(f) 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows:
[1] 
Oil buffers (charge per oil buffer): $100.
[2] 
Counterweight governor and safeties: $200.
[3] 
Auxiliary power generator: $100.
(g) 
The fee for the three-year or five-year inspection of elevator devices shall be as follows:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors (five-year inspection): $700.
[b] 
Over 10 floors (five-year inspection): $800.
[2] 
Hydraulic and roped hydraulic elevators:
[a] 
Three-year inspection: $500.
[b] 
Five-year inspection: $500.
(6) 
Certificates and other permits. The fees for certificates and other permits are as follows:
(a) 
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; $150 for one- or two-family residences (Use Group R-4 of the Building Subcode) and structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d) used exclusively for storage or grain or sheltering of livestock; and $150 per story for all other use groups.
(b) 
The fee for a permit to construct a sign shall be in the amount of $1 per square foot of surface area of the sign, computed on one side only; for double-faced signs, the minimum fee shall be $65.
(c) 
The fee for a certificate of occupancy shall be in the amount of 10% of the new construction permit fee which would be charged by the enforcing agency pursuant to these regulations. The minimum fee shall be $150, except for one- and two-family structures of less than 5,000 square feet in area and less than 30 feet in height, and structures on farms pursuant to N.J.A.C. 5:23-3.2(d), for which the minimum fee shall be $85.
(d) 
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $175.
(e) 
The fee for a certificate of continued occupancy shall be $175.
(f) 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $750 for Class 1 structures and $125 for Class 2 structures and Class 3 structures. The fee for resubmitting an application for a variation shall be $225 for Class 1 structures and $75 for Class 2 and Class 3 structures.
(g) 
The fee for a plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode shall be $300 for one- and two-family homes and for light commercial structures having the indoor temperature controlled from a single point, and $1,600 for all other structures.
(h) 
The permit fee for asbestos and/or lead abatement removal from any building or structure shall be $190.
(i) 
The permit fee for tents, in excess of 900 square feet or more than 30 feet in any dimension, shall be $100.
(j) 
The fee for a certificate of compliance for public swimming pools, spas and hot tubs shall be $125.
(k) 
N.J.A.C. 5:23-4.18(c)vi. The unit rate for large, open-volume, single-story spaces in buildings, such as barns, silos, greenhouses, warehouses, distribution centers, and other agricultural, and storage-use occupancies, shall be less than the unit rate for other types of buildings and occupancy classifications. For the purpose of calculating the volume to determine the fee for these spaces, the height shall be limited to 20 feet notwithstanding the fact that the actual height of the space may be greater than 20 feet.
(l) 
For all other items not listed under the building, electric, plumbing, fire and elevator sections, the fee is $20.
(m) 
The fee for a change of contractor permit will be the minimum fee per permit subcode(s).
C. 
Waiver of fees during emergency.
[Added 1-5-2021 by Ord. No. O-20-25]
(1) 
During any time when a state of emergency or health emergency exists in the Township, whether declared by the Governor of the State of New Jersey or by the appropriate Township official, the following permit fees may be waived by the Manager:
(a) 
Outdoor tent for business purposes.
(b) 
Heating source for outdoor tent for business purposes.
(2) 
During a state of emergency or health emergency, the governing body may by resolution include additional permit fees in, or remove existing permit fees from, Subsection C(1) above.