[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.
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:
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]
The Borough Attorney of the Borough of Madison.
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]
The Council of the Borough of Madison, unless otherwise indicated.
The Borough of Madison.
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.
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.
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]
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]
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.
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: $25
per $1,000 of estimated cost of the work, provided that the minimum
fee shall be $75.
[Amended 3-9-2009 by Ord. No. 8-2009; 11-23-2020 by Ord. No.
40-2020]
(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]
(3)
Electric subcode.
[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; 11-23-2020 by Ord. No.
40-2020]
(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 $100 for accessory structures, $200 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; 11-23-2020 by Ord. No. 40-2020]
(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 $100 for one- and two-family residence use only.
[Amended 11-23-2020 by Ord. No. 40-2020]
(b)
The fee for a certificate of occupancy shall be $150 for commercial and all uses not mentioned in Subsection A(8)(a) above.
[Amended 11-23-2020 by Ord. No. 40-2020]
(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]Mechanical subcode. The minimum fee for a mechanical permit
shall be $100.
[Added 8-11-2003 by Ord. No. 37-2003; amended 11-23-2020 by Ord. No. 40-2020]
[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.
(16)
The fire protection subcode permit fees are as follows
(minimum: $75):
[Amended 2-23-2015 by Ord. No. 4-2015; 11-23-2020 by Ord. No. 40-2020]
(a)
Sprinkler heads shall be $100 for one to 20 heads; $175 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 $75 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.
(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.
