[HISTORY: Adopted by the Board of Commissioners
(now City Council) of the City of Brigantine as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 119.
Unsafe buildings — See Ch. 123.
Dumpsters — See Ch. 144.
Excavations — See Ch. 165.
Fire prevention — See Ch. 175.
Garbage, rubbish and refuse — See Ch. 187.
Littering — See Ch. 204.
Nuisances — See Ch. 220.
Property maintenance — See Ch. 238.
Sewers — See Ch. 252.
Moving of structures — See Ch. 264.
Water — See Ch. 290.
[Adopted 1-5-1977 by Ord. No. 22-1976]
A.
There is hereby established in the City of Brigantine
a State Uniform Construction Code enforcing agency to be known as
the "Bureau of Inspections," consisting of a construction official,
building subcode official, plumbing subcode official, electrical subcode
official, fire protection official and such other subcode officials
and inspectors for such additional subcodes as the Commissioner of
the Department of Community Affairs, State of New Jersey, shall hereafter
adopt as part of the State Uniform Construction Code.[1] The Construction Official shall be the chief administrator
of the enforcing agency.
[Amended 9-15-1982 by Ord. No. 27-1982]
[1]
Editor's Note: See N.J.A.C. 5:23.
B.
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217,[2] as amended, and N.J.A.C. 5:23. More than one such official
position may be held by the same person, provided that such person
is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23, to
hold each such position.
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
C.
The public shall have the right to do business with
the enforcing agency at one office location, except for emergencies
and unforeseen or unavoidable circumstances.
[Amended 9-15-1982 by Ord. No. 27-1982]
Whenever the Bureau of Inspections shall deny
an applicant for a construction permit, fail to act upon an application
for a construction permit, fail to act upon an application for a certificate
of occupancy, refuse to grant a variation pursuant to the Uniform
Construction Code Act or N.J.A.C. 5:23 or make any other decision
pursuant to the Act or the regulations,[1] including the assessment of any monetary penalties, an
owner or his authorized agent may appeal to the Atlantic County Construction
Board of Appeals. The application for appeal shall be taken within
20 business days of the receipt of written notice of the denial or
other decision of the Bureau of Inspections.
[1]
Editor's Note: "The regulations" refers to
the regulations promulgated by the Commissioner of the Department
of Community Affairs of the State of New Jersey pursuant to the Uniform
Construction Code Act (N.J.S.A. 52:27D-119 et seq.).
[Amended 9-15-1982 by Ord. No. 27-1982; 2-1-1984 by Ord. No. 2-1984; 12-18-1985 by Ord. No.34-1985; 11-28-1990 by Ord. No. 16-1990; 4-20-1994 by Ord. No. 7-1994; 9-6-1995 by Ord. No. 19-1995; 5-1-1996 by Ord. No. 11-1996]
A.
Payment of fees.
[Amended 12-21-2011 by Ord. No. 31-2011]
(1)
The fee for plan review shall be paid at the time of application
for a permit. The amount of this fee shall then be deducted from the
amount of the fee due for a construction permit, when the permit is
issued. Plan review fees shall be nonrefundable.
(2)
The fee to be charged for a construction permit shall be paid before
a permit is issued. Construction permit fees shall be refundable only
in the fiscal year that they are received.
(3)
The fee to be charged for a certificate of occupancy shall be paid
before a certificate is issued. This fee shall be in addition to the
construction permit fee.
(4)
The fee to be paid for the periodic reinspection of equipment and
facilities granted a certificate for a specified duration shall be
paid before reinspection.
(5)
Checks shall be made payable to the City of Brigantine.
(6)
Newly constructed residential units that are to be legally restricted
to occupancy by households of low or moderate income shall be exempted
from the fees set forth below.
B.
Fees enumerated.
[Amended 11-4-1998 by Ord. No. 18-1998; 12-6-2000 by Ord. No.
29-2000; 1-18-2006 by Ord. No. 3-2006; 2-21-2007 by Ord. No. 5-2007; 9-19-2007 by Ord. No. 19-2007; 4-2-2008 by Ord. No. 11-2008; 1-21-2009 by Ord. No.
1-2009; 12-21-2011 by Ord. No. 31-2011; 12-6-2023 by Ord. No. 17-2023]
(1)
The fee for plan review shall be 20% of the amount to be charged
for a new construction permit.
(2)
The basic construction fee shall be the sum of the parts computed
on the basis of the volume or the cost of construction, the number
of plumbing fixtures and pieces of equipment, the number of electrical
fixtures and devices and the number of sprinklers, standpipes and
detectors (smoke and heat) at the unit rates provided herein, plus
any special fees. All construction permits are subject to a New Jersey
state permit surcharge fee as set forth by N.J.A.C. 5:23-4.19. The
minimum fee for a basic construction permit covering any and all building
work shall be $75.
(a)
The fees for new construction or alteration are as follows:
[1]
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 of all use groups and types of construction as classified in Chapters 3 and 6 of the building subcode, except that the fee shall be $0.027 per cubic foot of volume for use groups of A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2. The minimum fee shall be $75.
[2]
Fees for renovations, alterations and repairs or site construction
associated with premanufactured construction, and the external utility
connection for premanufactured construction shall be based upon the
estimated cost of the work. The fee shall be in the amount of $35
per $1,000 for the first $50,000, prorated. From $50,001 to and including
$100,000, the fee shall be in the same amount of $27 per $1,000 of
estimated cost above $50,000. Above $100,000, the additional fee shall
be in the amount of $22 per $1,000 of estimated cost above $100,000.
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 the 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. The minimum fee
shall be $75.
[3]
Fees for additions shall be computed on the same basis as for
new construction for the added portion.
[4]
Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection B(2)(a)[2] and [3] above.
[5]
The fee for tents in excess of 900 square feet or more than
30 feet in any dimension shall be $150.
[6]
The fee for roofing and siding work completed on structures
in Use Groups R-3 and R-5 shall be $58.
[7]
The fee for an aboveground swimming pool shall be $100 for a
pool with a surface area greater than 550 square feet; the fee in
all other cases shall be $75. The fee for an in-ground swimming pool
shall be $250 for a pool with a surface area greater than 550 square
feet; the fee in all other cases shall be $150.
(b)
The fees for plumbing fixtures and equipment shall be as follows:
[1]
The fee shall be in the amount of $20 per fixture, piece of equipment or appliance connected to the plumbing system, and for each appliance connected to the gas-piping or oil-piping system, except as indicated in Subsection B(2)(b)[2] below. The minimum fee shall be $75.
[2]
The fee shall be $95 per special device for the following: grease
traps, oil separators, refrigeration units, utility service connections,
backflow preventers equipped with test ports (double check valve assembly,
reduced pressure zone and pressure vacuum breaker backflow preventers),
steam boilers, hot water boilers (excluding those for domestic water
heating), active solar systems, sewer pumps and interceptors. There
shall be no inspection fee charged for gas service entrances.
(c)
The fees for electrical fixtures and devices shall be as follows:
[1]
For the block consisting of one to 50 receptacles, fixtures
or devices, the fee shall be $75; for each additional block consisting
of up to 25 receptacles, fixtures or devices, the fee shall be $15.
For the purpose of computing this fee, receptacles, fixtures or devices
shall include lighting fixtures, wall switches, convenience receptacles,
sensors, dimmers, alarm devices, smoke and heat detectors, communication
outlets, light standards eight feet or less in height, including luminaries,
emergency lights, electric signs, exit lights or similar electric
fixtures and devices rated 20 amperes or less, including motors or
equipment rated less than one horsepower or one kilowatt. The minimum
fee shall be $75.
[2]
For each motor or electrical device rated from one horsepower
or one kilowatt to 10 horsepower or 10 kilowatts; for each transformer
or generator rated from one kilowatt or one KVA to 10 kilowatts or
10 KVA; for each replacement of wiring involving one branch circuit
or part thereof; for each storable pool or hydro massage bathtub;
for each underwater lighting fixture; for household electric cooking
equipment rated up to 16 kilowatts; for each fire, security or burglar
alarm control unit; for each receptacle rated from 30 amperes to 50
amperes; for each light standard greater than eight feet in height,
including luminaries; and for each communications closet, the fee
shall be $15.
[3]
For each motor or electrical device rated from greater than
10 horsepower or 10 kilowatts to 50 horsepower or 50 kilowatts; for
each service equipment, panelboard, switchboard, switch gear, motor-control
center, or disconnecting means rated 225 amperes or less; for each
transformer or generator rated from greater than 10 kilowatts or 10
KVA to 45 kilowatts or 45 KVA; for each electric sign rated from greater
than 20 amperes to 225 amperes, including associated disconnecting
means; for each receptacle rated greater than 50 amperes; and for
each utility load management device, the fee shall be $65.
[4]
For each motor or electrical device rated from greater than
50 horsepower or 50 kilowatts to 100 horsepower or 100 kilowatts;
for each service equipment, panelboard, switchboard, switch gear,
motor-control center or disconnecting means rated from greater than
225 amperes to 1,000 amperes; and for each transformer or generator
rated from greater than 45 kilowatts or 45 KVA to 112.5 kilowatts
or 112.5 KVA, the fee shall be $130.
[5]
For each motor or electrical device rated greater than 100 horsepower
or 100 kilowatts; for each service equipment, panelboard, switchboard,
switch gear, motor-control center or disconnecting means rated greater
than 1,000 amperes; and for each transformer or generator rated greater
than 112.5 kilowatts or 112.5 KVA, the fee shall be $576.
[6]
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $75, which shall include any required bonding and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles and heaters, etc., excepting panelboards and underwater lighting fixtures. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with Subsection B(2)(c)[1], [2], [3], [4] and [5] above.
[7]
The fee charged for the installation of single- and multiple-station smoke and heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling shall be a flat fee of $35 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection B(2)(c)[1] and [2] above. The minimum fee shall be $75.
[8]
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual loadside panelboards shall be charged in accordance with Subsection B(2)(c)[3], [4] and [5] above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
[9]
For motors or similar devices requiring concurrent installation
of individual controls, relays and switches, the fee shall be based
only upon the rating of the motor device. There shall be no additional
fee charged for the concurrent installation of individual circuit
components, for example, controllers, starters and disconnecting means.
[10]
For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be in accordance with Subsection B(2)(c)[2], [3], [4] and [5] above based on the designated ampere rating of the overcurrent device of the service or feeder.
[11]
The fee charged for process equipment shall be based on the
ampere rating of the overcurrent device protecting the conductor feeding
the process equipment or the cutoff device.
[12]
For the purpose of computing these fees, all electrical and
communications devices, utilizing equipment and motors which are part
of premises wiring, except those which are portable plug-in type,
shall be counted.
[13]
For annual electrical inspection of swimming pools, spas and
hot tubs, the fee shall be $100 before April 15 and $150 as of April
15 or thereafter in any given year.
[14]
The fee for a newly installed automatic lawn sprinkler system
with an automatic rain sensor device or switch shall be $29. The minimum
fee shall be $75.
(d)
Fire protection and other hazardous equipment; sprinklers, standpipes,
detectors (smoke and heat), pre-engineered suppression systems, gas-
and oil-fired appliances not connected to plumbing system, kitchen
exhaust systems, incinerators and crematoriums:
[1]
The fee for 20 or fewer heads shall be $82; for 21 to and including
100 heads, the fee shall be $151; for 101 to and including 200 heads,
the fee shall be $289; for 201 to and including 400 heads, the fee
shall be $748; for 401 to and including 1,000 heads, the fee shall
be $1,036; for over 1,000 heads, the fee shall be $1,323.
[2]
The fee for one to 12 detectors shall be $45; for each 25 detectors
in addition to this the fee shall be in the amount of $15. The minimum
fee shall be $75.
[3]
The fee for each standpipe shall be $289.
[4]
The fee for each independent pre-engineered system shall be
$116.
[5]
The fee for each gas- or oil-fired appliance that is not connected
to the plumbing system shall be $60.
[6]
The fee for each kitchen exhaust system shall be $60.
[7]
The fee for each incinerator shall be $460.
[8]
The fee for each crematorium shall be $460.
[9]
For single- and multiple-station smoke or heat detectors and fire alarm systems in any one- or two-family dwellings, there shall be a flat fee of $35 per dwelling unit. For detectors and fire alarm systems in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection B(2)(d)[2] above.
(e)
The fees for mechanical subcode shall be as follows:
[1]
Like replacements in R3, R4, and R5 Use Groups only shall be $100
for the first device and $25 for each additional device.
(f)
The fees for certificates and other permits shall be as follows:
[1]
The fee for a demolition or removal permit shall be $175 for
a structure of less than 5,000 square feet in area and less than 30
feet in height or for one- or two-family residences (Use Group R-3
or R-5 of the building subcode) and $250 for all other use groups.
[2]
The fee for a permit to construct a sign shall be in the amount
of $5 per square foot surface area of the sign, computed on one side
only for double-faced signs. The minimum fee shall be $75.
[3]
The fee for a certificate of occupancy/temporary certificate
of occupancy shall be in the amount of $75. The fee for renewal of
a temporary certificate of occupancy shall be $40.
[4]
The fee for a certificate of occupancy granted pursuant to a
change of use group shall be $150. Continued certificate of occupancy
shall be $300.
[5]
The fee for a permit for lead hazard abatement work shall be
$175. The fee for lead abatement clearance work shall be $50.
[6]
The fee for a certificate of approval certifying that work done
under a construction permit has been satisfactorily completed shall
be no fee.
[7]
The fee for an application for a variation in accordance with
N.J.A.C. 5:23-2.10 shall be $748 for Class I structures and $300 for
Class II and $200 for Class III structures. The fee for resubmission
of an application for a variation shall be $289 for Class I structures
and $82 for Class II and Class III structures.
[8]
The fee for a reinspection of any subcode shall be $75.
[9]
The fee for reinstatement of a suspended or revoked construction
permit shall be 35% of the total sum of the construction permit. The
minimum fee shall be $75.
[10]
The fee for rooftop solar shall be $175 for Use Group R3 and R5 and
$350 for all other use groups.
[11]
The fee for solar system arrays shall be $240 for less than 50 kilowatts,
$300 for 51 to 100 kilowatts and $950 for greater than 100 kilowatts.
C.
Administrative surcharge. In accordance with N.J.A.C.5:23-4.18.(j),
in addition to the foregoing fees, an administrative surcharge of
30% shall be added to those subcode areas for which the City has a
contract for inspection with a private on-site inspection agency.
[Amended 2-21-2007 by Ord. No. 5-2007]
[Amended 7-1-1981 by Ord. No. 14-1981]
The Construction Official shall, with the advice
of the subcode officials, prepare and submit to the Mayor of the governing
body biannually 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,[1] and said official, at the direction of the Mayor, shall
be empowered to amend the fee schedule herein contained in accordance
with the terms of the State Uniform Construction Code Act.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
[Added 12-21-1994 by Ord. No. 28-1994]
A.
No person shall be charged a construction permit surcharge
fee or enforcing agency fee in the City of Brigantine for any construction,
reconstruction, alteration or improvement designed and undertaken
solely to promote accessibility by the handicapped to an existing
public or private structure or any of the facilities contained therein.
B.
Definition. For the purposes of this section, "handicapped
person" means a person who has the total and permanent inability to
engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment, including blindness, and
shall include, but not be limited to, any resident of this state who
is disabled pursuant to the federal Social Security Act or the federal
Railroad Retirement Act of 1974 or is rated as having a sixty-percent
disability or higher pursuant to any federal law administered by the
United States Veterans Act. For the purposes of this subsection, "blindness"
means central visual acuity of 20/200 or less in the better eye with
the use of a correcting lens. An eye which is accompanied by a limitation
in the fields of vision such that the widest diameter of the visual
field subtends an angle no greater than 20º shall be considered
as having a central visual acuity of 20/200 or less.
B.
The Construction Official shall prepare and submit
to the Mayor or governing body biannually a report reevaluating the
delineation of the fire limits. This report shall indicate the recommendations
of the Construction Official, the building subcode official and the
fire subcode official regarding those areas which should be designated
as within fire limits, with the reasons therefor.
[Adopted 7-17-1985 by Ord. No. 14-1985]
[1]
Editor's Note: Former § 143-8, Applicability
to all building permits, was repealed 4-2-2008 by Ord. No. 10-2008.
[1]
Editor's Note: Former § 143-9, Variations
from regulations, as amended, was repealed 4-2-2008 by Ord. No. 10-2008.
[Amended 12-28-1992 by Ord. No. 28-1992; 1-18-2006 by Ord. No. 3-2006]
A.
The penalty for violation of this article shall be
a maximum fine of $2,000 or imprisonment for a term not to exceed
90 days, or both, per violation. Each day said violation exists shall
be considered to be a separate violation.
B.
In addition to the penalties provided in this article,
the Construction Official shall be empowered to take such other action
as may be available to him under the New Jersey Uniform Construction
Code or the International Building Code or International Residential
Code (IBC or IRC) or under other such laws or ordinances as may apply.
