Borough of Franklin Lakes, NJ Chapter 220 Construction Codes, Uniform

[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Sec. 11-1 of the 1988 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 247.

Fire prevention — See Ch. 259.

Land use and development — See Ch. 300.

Rehabilitation of abandoned property — See Ch. 370.

Property maintenance — See Ch. 373.

Zoning permits — See Ch. 495.

§ 220-1 Enforcement agency.

A. Establishment. There is hereby established, pursuant to N.J.S.A. 52:27D-119 et seq., in the Borough, a State Uniform Construction Code enforcement agency to be known as the "Construction Enforcement Department," consisting of the following officials:

[Amended 2-21-2017 by Ord. No. 1697]

(1) Construction Official, who shall be the chief administrator of the Construction Enforcement Department.

(2) Building Subcode Official.

(3) Plumbing Subcode Official.

(4) Electrical Subcode Official.

(5) Fire Subcode Official.

B. Qualification of officers.

(1) Each official position created by Subsection A above shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and the regulations adopted thereunder, as amended,[1] provided that, in lieu of the appointment of any subcode official, the Mayor and Council of the Borough may retain by contract a qualified on-site inspection agency pursuant to the regulations. If a qualified on-site inspection agency or agencies are retained, the Construction Official shall coordinate all activities with respect to enforcement and administration of the Uniform Construction Code.

[Amended 2-21-2017 by Ord. No. 1697]

[1] Editor's Note: "The regulations" refers to the regulations established by the Commissioner of the Department of Community Affairs.

(2) More than one official position created by Subsection A above may be held by the same person, provided that such person is qualified for each such position pursuant to N.J.S.A. 52:27D-119 et seq. and the regulations adopted thereunder.

C. Appointment. Except as may hereafter be provided, the Construction Official and the various subcode officers shall be appointed by the Mayor and Council of the Borough. The Construction Official and each such subcode officer shall be appointed for a term of four years, except where a qualified on-site inspection agency has been retained. Nothing herein shall be deemed to constitute the granting of tenure to any such officer appointed; however, for any officer appointed who shall be under tenure at that time, such tenure shall continue, and for any such officer appointed who shall subsequently gain tenure under any other ordinance or statute, such tenure shall continue.

[Amended 2-21-2017 by Ord. No. 1697]

D. Removal. The Mayor and Council of the Borough may remove any such appointed officer for cause, after written notice of intention to remove, after hearing, has been given to such officer and after a hearing before the Mayor and Council has been held.

E. Personnel. The Mayor and Council of the Borough shall by resolution hire personnel or transfer personnel, either on a full- or part-time basis, for the purpose of the administration of the Uniform Construction Code and the regulations in connection therewith, or shall by resolution authorize the Construction Official to so hire or transfer personnel.

[Amended 2-21-2017 by Ord. No. 1697]

F. Responsibility.

(1) In the event that any subcode officer or any administrative personnel hired or transferred on a full- or part-time basis is an employee of, holds any other office or position in or is employed by the Borough, such dispersed personnel shall, for purposes of the Uniform Construction Code and its enforcement, be subject to the procedures and policies of the Construction Enforcement Department and shall be primarily responsible to the Construction Official.

[Amended 2-21-2017 by Ord. No. 1697]

(2) Irrespective of any dispersal of personnel as mentioned above, the public shall have the right, unless in the case of emergency or unforeseen or unavoidable circumstances, to do business with respect to the Uniform Construction Code at one location in the Borough.

G. Rules and regulations. The Construction Official is hereby authorized to promulgate such written rules and regulations governing the Construction Enforcement Department and its officers and employees as may be necessary to establish and provide day-to-day office procedure, provided that such rules and regulations do not conflict with and are in accordance with the Uniform Construction Code and the regulations in connection therewith. No such rules and regulations or amendments thereto shall become effective until approved by resolution of the Mayor and Council.

[Amended 2-21-2017 by Ord. No. 1697]

§ 220-2 Construction fees.

[Amended by Ord. No. 920; Ord. No. 997; Ord. No. 1092]

A. Plan review fees. Twenty percent of the amount charged for the construction permit fees shall be deemed to be the plan review fee.

B. Permit fees.

[Amended 8-19-2008 by Ord. No. 1423; 8-18-2009 by Ord. No. 1454; 5-18-2010 by Ord. No. 1479]

(1) Construction permits. The fee for a construction permit shall be the sum of the building, plumbing, fire, electrical and elevator subcode fees, as determined in the manner provided for hereafter, and shall be paid before the issuance of such permit.

(a) The building subcode fee shall be determined as follows:

[1] For new construction: $0.035 per cubic foot of building, structure or improvement volume, provided that the minimum fee shall be $85.

[2] For additions: $0.04 per cubic foot of new volume, provided that the minimum fee shall be $85.

[3] For renovations, alterations and repairs: $15 per $1,000 of the estimated cost of the project, provided that the minimum fee shall be $85.

[4] For combinations of renovations and additions: The sum of the fees computed separately as determined above.

[5] For swimming pools: $15 per $1,000 of construction costs.

[6] For aboveground pools: $125. The fee shall be in addition to any electrical, plumbing, fire, fence or soil moving fees.

[7] For fences, retaining walls: $85.

[8] For sheds: $85.

[9] Annual permits: $1,250.

[10] Modular homes: $250 plus foundation and service connections.

(b) The plumbing subcode fee shall be determined as follows:

	Device	Fee
	Water closet/bidet/urinal	$20
	Bathtub	$20
	Lavatory/sink	$20
	Shower/floor drain	$20
	Washing machine	$20
	Dishwasher	$20
	Commercial dishwasher	$45
	Water heater	$45
	Boiler/furnace	$65
	Steam boiler	$65
	Water utility connection (each)	$50
	Sewer utility connection (each)	$50
	Hose bibb	$20
	Water cooler	$20
	Garbage disposal	$20
	Water softener	$20
	Air-conditioner unit (water-cooled)	$50
	Indirect connection	$40
	Sewer ejector	$65
	Grease trap	$65
	Interceptor	$65
	Backflow device	$40
	Vent stack	$20
	Solar system	$90
	Roof drains	$35
	Special devices	$65
	Gas piping	$65
	Septic line (each)	$45
	Minimum fee for plumbing subcode inspections	$65

(c) Fees for electrical inspections shall be as follows:

[1] Wiring (all switches, lighting fixtures, receptacles, emergency and exit lights, communication points, alarm devices/ detectors/ F.A.C. panel, and intercom panels to count as outlets).

[a] One to 50 outlets: $95.

[b] For each additional 25 outlets or fraction thereof: $50.

[2] KW oven/ surface unit.

[a] Oven outlets for single unit of 20 kilowatts or less: $35.

[b] Each additional unit or outlet of 20 kilowatts or less: $10.

[c] For units in excess of 20 kilowatts: Apply motors schedule.

[d] Dishwasher: $25.

[e] KW electric dryer/ receptacle: $35.

[3] Central air-conditioning unit, residential:

[a] Exterior condenser each unit: $40 or minimum fee.

[4] HP/KW central air-conditioning unit, commercial: Apply motor schedule. Minimum fee: $75.

[5] HP/KW space heater/ air handle: Apply motor schedule; minimum fee: $75.

[6] Generators, transformers:

[a] One to 10 KW: $45.

[b] Eleven to 45 KW: $60.

[c] Forty-six to 112.5 KW: $70.

[d] Above 112.5 KW: $95.

[7] Electric furnaces, welders, heat pump, KW baseboard heat, and motors.

[a] Single unit or group not exceeding five motors whose total capacity does not exceed:

[i] One horsepower, kilowatt, or KVA: $35 (includes exhaust fans).

[ii] One horsepower to 50 horsepower, kilowatt, or KVA, each: $45.

[iii] Over 50 horsepower to 100 horsepower, kilowatt, or KVA, each: $60.

[iv] Over 100 horsepower, kilowatt, or KVA, each: $75.

[b] Minimum electric fee: $75.

[8] Swimming pools.

[a] Aboveground: $65.

[b] In-ground: $115.

[c] Jacuzzi: $75.

[d] Hot tub/spa (includes bonding): $75.

[9] Service-meter equipment, feeders and subpanels.

[a] Lights and receptacles: $95.

[b] Temporary service: $95.

[c] Not over 100 amperes, and up to 10 outlets: $95.

[d] One hundred fifty to 225 amperes and up to 10 outlets: $100.

[e] Two hundred fifty to 400 amperes and up to 10 outlets: $110.

[f] Four hundred twenty-five to 600 amperes: $120.

[g] Over 600 amperes: $145.

[h] Meters over five: $10 each.

[i] Remote subpanels: $50.

[10] Plan review minimum charge: $50.

[11] Primary transformers vaults - enclosures - substations.

[a] Not over 200 KVA: $65.

[b] Over 200 to 500 KVA: $70.

[c] Over 500 KVA: $75.

NOTE: Above applies to each bank of transformers.

[12] Motion-picture equipment.

[a] For booth, including complete equipment: $95.

[13] Electric signs, incandescent: Divide the total number of sockets by four, applying rough wiring schedule for each sign.

[14] Electric discharge signs/outline lights (charge based on ampere rating of each sign).

[a] Zero to 2 KW: $65.

[b] Each additional 1.0 KW or fraction thereof: $10.

[15] Radio and television transmitting equipment. CCTV, radio and television installations, each: $50.

[16] Reinsertion or reintroduction of current.

[a] Charge in relation to amount of supervision, but not less than $50.

[b] Any equipment not heretofore approved: The schedule covering classifications shall apply.

[17] Additional inspections. For reported correction defects found in original installation (after second inspection and notice of correction): Charge 50% of the above charges for each inspection, but not to exceed $75.

[18] X-ray unit: $35.

[19] Temporary installations and decorative displays.

[a] Temporary installations and decorative displays for not over 60 days: Charge 50% of the schedule for permanent work.

[b] No charge shall be less than $35.

[c] Issuance of duplicate certificate (cut-in card): $25.

[d] Minimum electric fee: $50.

[e] Notwithstanding the foregoing, the fee for a temporary electrical permit for Borough-sponsored events, such as the Town Fair and Memorial Day ceremony, shall be $20.

[Added 6-21-2016 by Ord. No. 1679]

[20] Equipotential bonding grid: $40.

[21] Solar photovoltaic systems.

[Added 8-21-2012 by Ord. No. 1553]

[a] For purposes of this chapter, the following phrases and words shall have the meanings indicated:

SOLAR ARRAY

A mechanically integrated assembly of modules or panels with a support structure and foundation, tracker and other components, as required, to form a DC power-producing unit.

SOLAR INVERTER

Equipment that changes DC power from the photovoltaic source to AC power.

SOLAR MODULE

A complete, environmentally protected unit consisting of solar cells, optics and other components, exclusive of tracker, designed to generate DC power when exposed to sunlight.

SOLAR PANELS

A collection of modules mechanically fastened together, wired and designed to provide a field-installable unit.

[b] Fees for solar voltaic systems shall be as follows:

[i] Residential use group:

[A] Solar array from one kilowatt to 10 kilowatts: $45.

[B] Solar array for each additional one-kilowatt unit measurement or part thereof over 10 kilowatts: $2.

[C] Each subpanel/disconnect: $45.

[D] Each inverter up to 50 kilowatts: $60.

[E] Over fifty-kilowatt inverter, for each additional ten-kilowatt measurement or part of 10 kilowatts: $6.

[ii] Other use groups:

[A] Solar array from one kilowatt to 50 kilowatts: $100.

[B] Solar array for each additional ten-kilowatt unit measurement or part thereof over 50 kilowatts: $15.

[C] Each subpanel/disconnect: $50.

[D] Each inverter up to 50 kilowatts: $75.

[E] Over fifty-kilowatt inverter, for each additional ten-kilowatt measurement or part of 10 kilowatts: $6.

(d) Fire subcode inspection fees shall be as follows:

[1] Fireplace and wood-burning stoves (building permit also required): $85.

[2] Smoke detectors.

[a] Minimum fee: $85.

[b] Each additional detector over four: $15.

[3] Fire suppression system (water, sprinkler, dry chemical, foam, carbon dioxide).

	Number of Heads	Fee
	Up to 20	$85
	21 to 50	$120
	51 to 100	$150
	101 to 230	$245
	231 to 400	$310
	Over 400	$400

[4] Standpipes.

	Size	Fee
	2 1/2-inch pipe per riser	$120
	4-inch pipe	$150
	6-inch pipe	$185
	8-inch pipe	$220
	Larger than 8 inches	$275

[5] Hose station: $25.

[6] Wall hydrant: $65.

[7] Fire pump: $190.

[8] Central control station/fire command: $375.

[9] Automatic fire-detection/alarm system: $220.

[10] Manual fire alarm: $90.

[11] Each pull station: $15.

[12] Emergency lighting/exit lighting: $75.

[13] HVAC heating equipment.

[a] Residential HVAC: $60.

[b] Commercial boiler, new: $75.

[c] Commercial boiler, replacement: $75.

[d] Commercial HVAC units, each: $75.

[14] Installation LP/natural gas: $65.

[15] All other mechanical equipment: $110.

[16] Underground and aboveground storage tanks.

[a] One to 999 gallons (new/replacement/removal): $95.

[b] 1,000 to 2,999 gallons (new/replacement/removal): $125.

[c] 3,000 gallons and up (new/replacement/removal): $160.

[17] Kitchen exhaust system (commercial): $75.

[18] Gas or oil-fired furnace: $65.

[19] Commercial cooking equipment: $65.

[20] Swimming pool heater: $65.

[21] Minimum fee: $85.

(e) Mechanical subcode fees shall be as follows:

[Added 2-18-2020 by Ord. No. 1812]

[1] $110 for the installation and replacement of heating and cooling equipment, or other mechanical equipment in existing building of R-3, R-4 and R-5 use groups. Other equipment shall include refrigeration, air conditioning, gas piping, ventilation apparatus, heating systems or standby power generators. The $110 fee shall be for each item.

[2] Chimney liner: $85.

[3] Hot-water heater or water storage tank: $45.

[4] Notwithstanding anything to the contrary, the minimum fee for any mechanical subcode permit shall be $85.

(2) Demolition fees. The fee for a permit for demolition of a one- or two-family residence: $125; for buildings accessory to a one- or two-family residence: $65 and for all other buildings or structures: $250.

(3) Fees for moving building. 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 $15 per $1,000 of the sum of the estimated costs for moving, new foundations and placement in a completed condition in the new location, as determined in accordance with Subsection D hereof, provided that the minimum fee shall be $65.

(4) Fee for construction of sign. The fee for a permit to construct a new sign shall be $85 for a sign that is 30 square feet or less in area and $100 for a sign that is more than 30 square feet in area. For the refacing of a sign, the fee shall be $50 for each side. The fee for streamers, flags and pennants shall be $50.

[Amended 8-21-2012 by Ord. No. 1553 ]

(5) Fee for a certificate of occupancy.

(a) A certificate of occupancy for new construction, including additions to presently existing structures, shall be 5% of the new construction fees, provided that the minimum fee shall be $65.

(b) The fee for a nonresidential certificate of continued occupancy or a certificate of occupancy granted pursuant to a change of use shall be $150. The fee for a reinspection shall be $75.

[Amended 7-21-2015 by Ord. No. 1635; 3-17-2020 by Ord. No. 1813]

(c) The fee for a certificate of occupancy upon resale or rental of residential property shall be $100. The fee for a reinspection shall be $75.

[Amended 7-21-2015 by Ord. No. 1635; 3-15-2016 by Ord. No. 1659; 3-17-2020 by Ord. No. 1813]

(d) The fee for a multiple certificate of occupancy shall be $125 per unit or use included in the structure, with the maximum fee in the amount of the construction permit, provided that the minimum fee shall be $155.

(e) The fee for a certificate of approval for a pool, fence, shed, deck, new roof, cabana, or similar structure shall be $40.

(f) The fee for a certificate of compliance for the installation or alteration of HVAC, mechanical equipment, elevators, dumbwaiters, escalators, moving walks, plumbing, electric wiring, or any other equipment shall be $35.

(g) The fee for a temporary certificate of occupancy shall be $150.

[Amended 3-17-2020 by Ord. No. 1813]

(h) The fee for a variation (N.J.A.C. 5:23-2.10) shall be $250.

(6) Elevators.

(a) Fee for installation: $250.

(7) Fee for reinstatement of a lapsed permit. Fee shall be the amount of the original permit fee reduced by the fees for work already completed where the work does not have to be redone. However, the fee shall not be less than the minimum which would have been paid initially.

C. Surcharge fee.

(1) Collection and payment. The Construction Enforcement Department shall collect, in addition to the fees specified above, a surcharge fee amount. This fee shall be in the amount of $0.0016 per cubic foot volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $0.80 cents per $1,000 of value of construction. All such surcharge fees shall be remitted to the Bureau of Regulatory Affairs, Department of Community Affairs, on a quarterly basis.

(2) Reports. The Construction Enforcement Department shall report quarterly to the Bureau of Regulatory Affairs the volume of construction within the Borough of Franklin Lakes and the total amount of the surcharge fee collected.

D. Definitions. For purposes of determining permit fees, the following definitions and computation rules shall apply:

(1) Volume computation shall be determined as follows:

(a) Structures with basements. The volume of the structure shall include all enclosed dormers, porches, penthouses and other enclosed portions of the structure, including attached garages or garages constructed underneath such structure, extending from the basement or cellar floor to the mean height of a pitched roof, or the average height to the top of the roof beams of a flat roof.

(b) Structures without basements. For structures without basements or cellars, the volume shall be based on the height measured to a level located 1/5 the distance from the first floor level to the bottom of the footings, but not to exceed 2 1/2 feet below the first floor level.

(c) Open sheds. For open sheds and other structures of a similar character, whether attached or detached, the volume shall be measured within the perimeter of the roof for a height from the grade line to the mean roof level.

(2) Estimated costs shall be based upon, if available, cost data to be provided by the architect or engineer of record, a recognized estimating firm, or by the constructor, which cost data shall be submitted to the Construction Enforcement Department, with the permit application, whose determination of estimated costs shall be final.

E. General. All fees paid under the above fee schedule shall be nonrefundable.

F. Reports. The Construction Official shall, with the advice of the subcode officers, prepare and submit to the Mayor and Council, biannually, a report recommending alterations of and changes to the above fee schedule, based on the operating expenses of the Construction Enforcement Department and any other expenses of the Borough of Franklin Lakes fairly attributable to the enforcement of the Uniform Construction Code.

[Amended 2-21-2017 by Ord. No. 1697]

G. Reinspection penalties. Where an inspection is requested and the Construction Official or his representative or any subcode officer appears at the site for the inspection and an inspection cannot be conducted, a reinspection penalty of $25 shall be assessed and the penalty must be paid prior to the Construction Official's or his representative's or any subcode officer's rescheduling the inspection. In the event that an inspection is requested and the Construction Official or his representative or any subcode officer indicates that there are deficiencies which must be corrected and at a second inspection the deficiencies noted during the first inspection remain, necessitating a third inspection, there shall be a reinspection penalty of $25 assessed. The penalty must be paid prior to the reinspection.

[Amended 2-21-2017 by Ord. No. 1697]

H. No building permits shall be issued by the Construction Official or any other official of the Borough until such time as it has been determined that all real property taxes due on the premises have been paid to date.

[Amended 2-21-2017 by Ord. No. 1697]

I. All fees less than a dollar shall be rounded off to the next lowest or highest dollar amount.

J. No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing or private structure or any of the facilities contained therein.

§ 220-3 Fire limits. [1]

[Amended 2-21-2017 by Ord. No. 1697]

A. Reports. The Construction Official shall prepare and submit to the Mayor and Council, biannually, a report for use in delineating or 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.

[1] Editor's Note: See also Ch. 264, Fire Zones.

§ 220-4 Continued certificate of occupancy.

[Added 5-20-2008 by Ord. No. 1413; amended 2-15-2011 by Ord. No. 1511]

An application for a continued certificate of occupancy shall be filed with the Construction Official upon any change of occupancy of real property in the Borough. The Construction Official shall review the application and inspect the premises for compliance with all applicable codes and ordinances. No continued certificate of occupancy shall be issued if the property owner's escrow account for professional services is deficient or if there is an open construction permit for the property. An open construction permit is a permit for which final inspections have not yet been obtained and therefore the permit has not been closed. Prior to the issuance of a continued certificate of occupancy, a zoning permit shall be issued by the Zoning Officer in accordance with Chapter 495 of the Borough Code.

§ 220-5 Swimming pool fences; violations and penalties.

[Added 5-17-2011 by Ord. No. 1515]

A. All new and existing residential swimming pools, spas and hot tubs shall comply with the requirements for fences and barriers as set forth in Section AG105 of Appendix G, "Swimming Pools, Spas and Hot Tubs," of the International Residential Code, 2006, New Jersey edition, and as same may be amended from time to time. These requirements shall apply to all new and existing swimming pools, spas and hot tubs, installed at any time. Copies of Section AG105 of Appendix G, "Swimming Pools, Spas and Hot Tubs," of the International Residential Code, 2006, New Jersey edition, and as same may be amended from time to time, shall be available for the public in the Construction Enforcement Department office during normal business hours.

[Amended 2-21-2017 by Ord. No. 1697]

B. For residential swimming pools, spas or hot tubs installed prior to 1977, if the swimming pool, spa or hot tub does not meet the requirements as set forth above, then the property owner shall meet the requirements of this section within six months following the transfer of title of the property. Any person who fails to meet the requirements of this Subsection B within six months following the transfer of title of the property shall be in violation of this section of the Borough Code, and the maximum penalty upon conviction of the violation shall be a fine not exceeding $2,000. Each and every month that a violation exists shall constitute a separate violation.

[Amended 4-16-2019 by Ord. No. 1774]

§ 220-6 Certificates of approval and proof of paid property taxes required.

[Added 7-21-2015 by Ord. No. 1635]

There shall be submitted to the Construction Official of the Borough, prior to or at the time of application to him for a certificate of occupancy, all other certificates of approval which are required, such as approval for electrical work, heating work, etc. The Construction Official shall not issue his certificate of occupancy until he has all other certificates of approval. In addition, the Construction Official shall not issue a certificate of occupancy until such time as he has determined that all real property taxes for the premises have been paid to date.