Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 11-10-1969 by Ord. No. 18-69 (Art. 11 of the 1970 Revised Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings and structures — See Ch. 77.
Moving of buildings — See Ch. 79.
Electrical standards — See Ch. 93.
Elevator safety — See Ch. 96.
Fire prevention — See Ch. 101.
Housing standards — See Ch. 113.
Issuance of building permits — See Ch. 131, § 131-6.
Sewers — See Ch. 155.
Streets and sidewalks — See Ch. 166.
Water — See Ch. 190.
Land development  — See Ch. 195.
Plumbing — See Ch. 222.
[Amended 12-13-1976 by Ord. No. 38-76]
Pursuant to Chapter 217 of the Public Laws of 1975, the New Jersey Department of Community Affairs has been authorized to adopt a statewide building code which will take precedence over any local building code adopted by the municipalities within the State of New Jersey. Therefore, upon the adoption of such a statewide building code, to be known as the "State Uniform Construction Code," that code and all amendments thereto shall be applicable to building construction in the Borough of Madison.
As used in this chapter and in the code adopted hereby, the following terms shall have the meanings indicated:
BUILDING OFFICIAL
Equivalent to and synonymous with the terms "Building Inspector," as such position has heretofore existed in the Borough of Madison, and "Construction Official," as set forth in Chapter 217 of the Public Laws of 1975. Whenever the term "Building Inspector" is mentioned or referred to in any ordinance, official form or record of the Borough of Madison, it shall be understood that the same is intended to mean the "Building Official" as designated in this chapter.
[Amended 12-13-1976 by Ord. No. 38-76]
CORPORATION COUNSEL
The Borough Attorney of the Borough of Madison.
EARTHWORK
Any commercial or industrial operation or action connected with excavations and embankments of each in preparing foundations of buildings or the preparation of a site for construction or physical alteration. Earthwork includes and is not limited to excavation and piling of earth in an engineering operation and/or rock removal and physical alteration of terrain.
[Added 11-5-2012 by Ord. No. 36-2012]
GOVERNING BODY, MUNICIPAL BODY OR APPOINTIVE AUTHORITY
The Council of the Borough of Madison, unless otherwise indicated.
MUNICIPALITY
The Borough of Madison.
PERSON
Includes any individual or individuals, partnership, group or association of individuals, or any corporation of any state.
A. 
The Office of Building Official is hereby created and the executive official in charge shall be known as the "Building Official."
B. 
The Building Official shall be appointed by the Mayor with the concurrence of the Council of the Borough of Madison.
C. 
The Mayor, with the concurrence of the Council, shall appoint a Deputy Building Official who will act during the absence or disability of the Building Official and who shall have all the powers of the Building Official when so acting.
[Amended 12-13-1976 by Ord. No. 38-76]
A. 
Pursuant to the standards established by Chapter 217 of the Public Laws of 1975 of the State of New Jersey, persons with the following qualifications shall be eligible for appointment to the position of Building Official:
(1) 
A licensed engineer or registered architect with at least three years' experience in construction, design or supervision.
(2) 
An architect or engineer with a bachelor's degree from an accredited institution of higher education with five years' experience in construction, design or supervision.
(3) 
A journeyman in a trade or a contractor with 10 years' experience in construction, design or supervision.
(4) 
The Building Official of the Borough appointed prior to the effective date of Chapter 217 of the Laws of 1975 (February 4, 1976), or within one year thereafter, and further provided that said person attains certification from the Department of Community Affairs to serve in said position within four years of the date of the appointment.
B. 
Persons meeting the qualifications set forth in Subsection A(1), (2) or (3) must also be certified by the Department of Community Affairs.
A. 
Duties. The Building Official shall devote such of his time as is required by the Council to the duties of his office.
(1) 
He shall receive applications required by this code, issue permits and furnish the prescribed certificates.
(2) 
He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely.
(3) 
He shall enforce all provisions of the Building Code.
(4) 
He shall, when requested by the proper authority or when the public interest so requires, make investigations in connection with matters referred to in the Building Code and render written reports on the same.
(5) 
To enforce compliance with this code, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities to buildings and structures, he shall and is empowered to issue such notices, orders or summonses as may be necessary.
B. 
Inspections.
(1) 
Inspections required under the provisions of the Building Code shall be made by the Building Official or his duly appointed Deputy. The Building Official may accept reports of inspectors of recognized inspection services after investigation of their qualifications and reliability, but in so doing he shall not be relieved of his responsibility as Building Official. No certificate called for by any provision of the Building Code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.
(2) 
The following inspections shall be requested by the builder and work shall not proceed beyond each stage until said stage has been inspected, approved and further procedure authorized by the Building Official.
(a) 
Excavation and preparation for all footings.
(b) 
Foundation wall, prior to backfilling.
(c) 
After installation of rough plumbing, piping and air ducts, but prior to installation of insulation; after Fire Underwriters' electrical inspection approval sticker has been attached. Work must not proceed beyond this stage until a lath inspection sticker has been attached to the building.
(d) 
After final electrical, plumbing and Fire Department inspections, but prior to occupancy.
(e) 
After completion of construction in accordance with projects requiring site plan approval by the Planning Board, but prior to occupancy.[1]
[Added 9-9-1974 by Ord. No. 20-74]
[1]
Editor's Note: For provisions pertaining to site plan approvals, see Ch. 195, Zoning, Art. XXII.
C. 
Records.
(1) 
The Building Official shall keep comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, notices or orders issued and each violation found by him or called to his attention. He shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which they relate may be in existence.
(2) 
All such records shall be open to public inspection for good and sufficient reason at the stated office hours, but shall not be removed from the office of the Building Official without his written consent.
D. 
Reports. The Building Official shall make written reports of his activities to the Mayor and Council once each month, or oftener if requested, including statements of permits and certificates issued, orders promulgated and violations detected, including status of each such case.
E. 
Rules and regulations. The Building Official may from time to time promulgate such rules and regulations as he may deem necessary for the proper administration of this chapter, subject to the approval, amendment, modification or repeal thereof by the Council. A copy of such rules and regulations shall be kept on file in the office of the Borough Clerk, available for inspection during business hours.
The Building Official or any employee charged with the enforcement of this code, acting in good faith and without malice for the Borough in the discharge of his duties, shall not thereby render himself liable personally for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official or employee because of such act or omission performed by him in the enforcement of any provisions of this code shall be defended by the legal department of the Borough until final termination of the proceedings.
The Building Official may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of the municipality. He shall also fully cooperate with all other municipal officials if and when requested by them.
[Amended 12-13-1976 by Ord. No. 38-76]
A. 
The owner of any premises upon which a building or structure is being constructed shall be deemed to have consented to the inspection by the Building Official or his agents of the entire premises and of any and all construction being performed on it until a certificate of occupancy has been issued. An inspector, or team of inspectors, on presentation of proper credentials, shall have the right to enter and inspect such premises and any and all construction thereon for purposes of ensuring compliance with the provisions of the applicable construction permit, the Building Code and other applicable laws and regulations. All inspections pursuant to this chapter shall be between the hours of 9:00 a.m. and 5:00 p.m. on business days or when construction is actually being undertaken; provided, however, that inspections may be conducted at other times if the Building Official has reasonable cause to believe that an immediate danger to life, limb or property exists, or if permission is given by an owner or his agent, architect, engineer or builder. No person, except the owner or his agent, shall accompany an inspector or team of inspectors on any inspection pursuant to this chapter unless his presence is necessary for the enforcement of this chapter or the code, or unless consent is given by an owner or his agent, architect, engineer or builder.
B. 
If the construction of a structure or building is being undertaken contrary to the provisions of a construction permit, the Building Code or other applicable laws or ordinances, the Building Official may issue a stop-construction order, in writing, which shall state the conditions upon which construction may be resumed and which shall be given to the owner or the holder of the construction permit or to the person performing the construction. If the person doing the construction is not known or cannot be located with reasonable effort, the notice may be delivered to the person in charge of, or apparently in charge of, the construction. No person shall continue, or cause or allow to be continued, the construction of a building or structure in violation of a stop-construction order, except with the permission of the Building Official to abate a dangerous condition or remove a violation, or except by court order. If an order to stop construction is not obeyed, the Building Official may apply to the appropriate court, as otherwise established by law, for an order enjoining the violation of the stop-construction order. The remedy for violation of such an order provided in this subsection shall be in addition to and not in limitation of any other remedies provided by law or ordinance.
[Amended 2-8-1971 by Ord. No. 4-71; 6-11-1979 by Ord. No. 14-79]
A. 
The fire limits of the Borough of Madison, in the County of Morris, are hereby established as being comprised within those portions of the Borough laid out and designated as R-5 Residential Multiple-Family, GBA General Business Area, P Professional Offices, CBD-1 Central Business District No. 1, CBD-2 Central Business District No. 2, C Multi-Use Commercial, IP Industrial Single-Family Attached Residential, U Resident College and University, and PCD-O Planned Commercial Development - Office Zone pursuant to an ordinance of the Borough entitled the "Zoning Ordinance of the Borough of Madison," as heretofore or hereafter amended and supplemented,[1] except that the construction requirements of the fire limits shall not apply to single-family attached residential units in the IP Industrial Park Zone.
[Amended 10-9-1979 by Ord. No. 24-79]
[1]
Editor's Note: See Ch. 195, Zoning.
B. 
All buildings and structures and all additions to existing buildings and structures erected within the boundaries of the fire limits shall be fireproof (Type 1), protected noncombustible (Types 2A and 2B), heavy timber (Type 3A) or ordinary protected (Type 3B) construction.
[Amended 2-14-1977 by Ord. No. 2-77]
A. 
No permit as required by said code shall be issued until the fee prescribed in this chapter shall have been paid; nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure shall have been paid.
B. 
A permit is required to construct a permanent swimming pool.[1] The fee shall be on the same basis as fixed herein for other structures. A bonding and grounding certificate shall be required for public pools which either are newly constructed or have undergone modifications that impact the bonding or grounding system.
[Amended 4-24-2006 by Ord. No. 7-2006]
[1]
Editor's Note: See Ch. 170, Swimming Pools.
C. 
No county, municipality or any agency or instrumentality thereof shall be required to pay the fees provided for hereinabove in order to secure a permit for the erection or alteration of any public building or part thereof.
[Amended 9-8-1986 by Ord. No. 39-86]
Nothing in this chapter or in the code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, liability incurred or any cause of action accrued or existing under any act or ordinance repealed hereby; nor shall any right or remedy of any character be lost, impaired or affected by this chapter.
[Added 12-13-1976 by Ord. No. 38-76[1]; 2-11-1985 by Ord. No. 1-85]
Whenever the Building Official or other official refuses to grant an application or refuses to act upon an application for a construction permit or makes any other decision pursuant or related to this chapter or the applicable building code, an owner, as defined in N.J.S.A. 52:27D-121, or his authorized agent, may appeal in writing to the Morris County Construction Board of Appeals in accordance with the provisions of N.J.S.A. 52:27D-127.
[1]
Editor's Note: This ordinance also repealed former § 75-12, Amendments to code, as amended.
[Added 12-13-1976 by Ord. No. 38-76[1]]
A. 
Any person or corporation, including an officer, director or employee of a corporation, who:
[Amended 8-14-2000 by Ord. No. 35-2000]
(1) 
Constructs a structure or building in violation of a condition or a construction permit;
(2) 
Fails to comply with any order issued by the Building Official or his agents; or
(3) 
Makes a false or misleading written statement or omits any required information or statement in any application or request for approval to the Building Official shall be subject to a penalty of not more than $2,000.
[Amended 5-8-2006 by Ord. No. 19-2006]
B. 
Anyone who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to this chapter or who unreasonably interferes with such an inspection shall be subject to a fine of not more than $2,000.
[Amended 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]
C. 
With respect to Subsection A(2) of this section, a person shall be guilty of a separate offense for each day that he fails to comply with a stop-construction order validly issued by the Building Official and for each week that he fails to comply with any other order validly issued by the Building Official. With respect to Subsection A(3) of this section, a person shall be guilty of a separate offense for each false or misleading written statement or omission of required information or statement made in any application or request for approval to an enforcing agency or the Department. With respect to Subsection A(1) of this section, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.
D. 
The penalties pursuant to this section may be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.). Jurisdiction to enforce such penalties has been conferred upon judges of the municipality's court, in addition to the courts specified by N.J.S.A. 2A:58-2.[2]
[2]
Editor's Note: N.J.S.A. 2A:58-1 through 2A:58-9 was repealed by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.
[1]
Editor's Note: This ordinance also repealed former § 75-13, Extent of adoption.
[Added 2-14-1977 by Ord. No. 2-77; amended 7-11-1977 by Ord. No. 377; 8-8-1977 by Ord. No. 31-77; 5-8-1978 by Ord. No. 17-78; 3-10-1980 by Ord. No. 4-80; 5-10-1982 by Ord. No. 8-82; 10-14-1986 by Ord. No. 45-86; 3-12-1990 by Ord. No. 2-90; 5-12-1997 by Ord. No. 12-97]
A. 
No permit as required by the Building Code shall be issued until the fee prescribed in this section shall have been paid. All applicable fees for a construction permit shall be the sum of fees listed in Subsection A(1) through (18) hereof and shall be paid before the permit is issued.
(1) 
The building subcode fee shall be:
(a) 
For all new construction one and two family, $0.03 per cubic foot of building or structure volume, provided that the minimum fee shall be $150; and all others, $0.03 per cubic foot of building or structure volume, provided that the minimum fee shall be $150.
[Amended 8-11-2003 by Ord. No. 37-2003]
(b) 
For renovations, alterations and repairs: $20 per $1,000 of estimated cost of the work, provided that the minimum fee shall be $46.
[Amended 3-9-2009 by Ord. No. 8-2009]
(c) 
For additions: one- and two-family, $0.03 per cubic foot of building or structure volume for the added portion, provided that the minimum fee shall be $150, and all other, $0.03 per cubic foot of building or structure volume for the added portion, provided that the minimum fee shall be $150.
[Amended 6-24-2013 by Ord. No. 25-2013]
(d) 
For combinations of renovations and additions: the sum of the fees are computed separately as renovations and additions.
(e) 
For roofing and siding (one- or two-family), a flat fee of $46. Commercial and all others, $20 per $1,000 of estimated cost.
[Amended 6-24-2013 by Ord. No. 25-2013]
(2) 
The plumbing subcode fee shall be 100% of state fees, provided that the minimum fee shall be $46.
[Amended 8-11-2003 by Ord. No. 37-2003; 9-24-2007 by Ord. No. 65-2007]
(3) 
The electrical subcode fee shall be 100% of state fees, provided that the minimum fee shall be $46.
[Amended 8-11-2003 by Ord. No. 37-2003; 10-11-2006 by Ord. No. 49-2006; 3-9-2009 by Ord. No. 8-2009]
(4) 
The fee for plan review shall be 20% of the amount charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
(5) 
The fee for a permit for demolition of a building or structure shall be $50 for accessory structures, $100 for one- and two-family dwellings, and $200 for all other structures.
[Amended 7-12-1999 by Ord. No. 21-99; 8-11-2003 by Ord. No. 37-2003]
(6) 
The 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 shall be $20 per $1,000 of the sum of the estimated cost for moving, for new foundations and for placement in a completed condition in the new location, plus a demolition permit with a flat fee of $50.
[Amended 7-12-1999 by Ord. No. 21-99; 8-11-2003 by Ord. No. 37-2003]
(7) 
The fee for a permit to construct a sign shall be a flat fee of $46 per sign.
[Amended 7-12-1999 by Ord. No. 21-99]
(8) 
Certificates of occupancy:
[Amended 7-12-1999 by Ord. No. 21-99; 8-11-2003 by Ord. No. 37-2003]
(a) 
The fee for a certificate of occupancy shall be $50 for one- and two-family residence use only.
(b) 
The fee for a certificate of occupancy shall be $100 for commercial and all uses not mentioned in Subsection A(8)(a) above.
(c) 
The fee for a certificate of continued occupancy shall be $100.
(d) 
The fee for a certificate of occupancy granted pursuant to a change of use shall be $150.
(e) 
The fee for a multiple certificate of occupancy shall be $100 for first certificate of occupancy and $50 for all others.
(9) 
[1]The fee for a mechanical permit shall be $50.
[Added 8-11-2003 by Ord. No. 37-2003]
[1]
Editor's Note: Former Subsection A(9), regarding the fee for a zoning permit for building construction, was repealed 7-12-1999 by Ord. No. 21-99.
(10) 
The fee for a variation shall be $100 each.
(11) 
The fee for a permit for installation of an elevator shall be state regulated.
(12) 
The fee for inspection of an elevator shall be state regulated.
(13) 
The fee for asbestos abatement shall be state regulated.
(14) 
The fee for lead abatement shall be state regulated.
(15) 
Waiver of fees for construction to promote renovation of existing vacant commercial structures.
[Added 1-25-2016 by Ord. No. 1-2016[2]]
(a) 
No person or entity shall be charged a Borough construction fee or enforcing agency fee for any construction, alteration and improvement designed and undertaken solely to renovate a previously occupied and currently vacant commercial structure or currently vacant unit within an existing commercial structure for the purpose of obtaining a certificate of occupancy. The waiver of fees shall not include Uniform Construction Code surcharge fees as applicable.
(b) 
For purposes of this Subsection A(15), the structure or the unit within a structure which is being renovated shall be required to be vacant for six months, but not more than 12 months, prior to the permit application in order to be eligible for the waiver of fees. The applicant shall be required to establish that the structure or the unit within the structure has been vacant. A waiver shall be limited to a renovation or alteration of unit of less than 5,000 square feet. For purposes of calculating square footage, a vacant unit of 5,000 square feet or less shall qualify for the waiver of fees if the unit existing prior to and after renovations is equal to or less than 5,000 square feet, regardless of the total size of the structure. Units which exceed 5,000 square feet prior to or after renovation shall not qualify for the waiver of fees.
(c) 
For purposes of this Subsection A(15), no waiver of fees shall be provided to any commercial structure or unit within a structure if the commercial property has outstanding property taxes or outstanding property maintenance violations.
[2]
Editor's Note: With the adoption of this subsection, former Subsection A(15) through A(18) were renumbered as Subsection A(16) through A(19), respectively.
(16) 
The fire protection subcode permit fees are as follows:
[Amended 2-23-2015 by Ord. No. 4-2015]
(a) 
Sprinkler heads shall be $91 for one to 20 heads; $168 for 21 to 100 heads; $321 for 101 to 200 heads; $831 for 201 to 400 heads; $1,150 for 401 to 1,000 heads; and $1,469 for more than 1,000 heads.
(b) 
Alarm devices shall be $50 for one to 12. For each additional 25 devices, the fee shall be $17.
(c) 
Each standpipe shall be $321.
(d) 
An independent preengineered system shall be $129.
(e) 
A smoke control system shall be $92.
(f) 
An underground storage tank shall be $46.
(g) 
Gas- or oil-fired appliances not connected to the plumbing system shall be $65.
(h) 
A kitchen exhaust system shall be $46.
(i) 
A fire pump shall be $150.
(17) 
The plan review and inspection fee for mechanical systems shall be 10% of the amount of the building subcode fee.
(18) 
The fee for reinstatement of a lapsed permit shall be one-half the fee charged originally, but not less than $25 per each subcode.
(19) 
All fees shall be rounded to the nearest dollar.
B. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Borough Council once every two years, 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. 
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations,[3] the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee (subject to change) of $0.00265 per cubic foot of volume of new construction and $1.35 per $1,000 cost of renovation/alteration work. Said surcharge fee shall be remitted to the Construction Code Element, New Jersey 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. In the fiscal year in which the regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.
[Amended 8-11-2003 by Ord. No. 37-2003; 10-11-2006 by Ord. No. 49-2006]
[3]
Editor's Note: "The regulations" refers to the regulations established by the Commissioner of the Department of Community Affairs. (See N.J.A.C. 5:23)
[Added 11-5-2012 by Ord. No. 36-2012]
A. 
Construction and demolition activity, excluding emergency work, shall be performed between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and between the hours of 9:00 a.m. and 5:00 p.m. on Saturdays and federal holidays. No commercial work is allowed on Sundays. All motorized equipment used in construction and demolition activity shall be operated with a muffler. No earthwork associated with commercial or industrial construction will be permitted on weekends.
B. 
The Uniform Construction Code Official of the Borough of Madison has the authority to extend the aforementioned hours after a determination that the public health, safety and welfare will not be impaired by construction activity and that there is sufficient justification for a waiver.