Township of Hillside, NJ Article I Uniform Construction Code

[Adopted 12-21-1971 as Ch. XII, Sec. 12-1, of the 1971 Code]

§ 121-1 Definitions and word usage.

A. As used in this article, the following terms shall have the meanings indicated:

CORPORATION COUNSEL

The Township Attorney.

B. Whenever the term "Building Official" or "Building Inspector" is used in this article, it shall be considered to be equivalent to and synonymous with the term "Construction Official." Whenever the term "duly appointed deputy" is used in this article, it shall be considered equivalent to and synonymous with the term "subcode official." Whenever the term "Building Inspector" is mentioned or referred to in any other ordinance, official form or record of the Township, it shall be understood that the same is intended to mean the "Construction Official" or "subcode official" as designated in the Building Code.

[Amended 12-28-1976]

C. Where any term is used or defined in the code, such use or definition shall be considered to apply only to the construction and enforcement of the code and not to the construction and enforcement of any other ordinance or code where the same or similar terms are used as defined.

§ 121-2 Building Department established.

[Added 3-21-1973 by Ord. No. G-16-73]

There is established a Building Department of the Township of Hillside.

§ 121-3 Building and housing official designated.

[Added 3-21-1973 by Ord. No. G-16-73]

The Construction Official of the Township of Hillside shall be the building and housing official and shall be in charge of the Building Department of the Township of Hillside in accordance with the provisions of N.J.S.A. 40:49-5.1.

§ 121-4 Code Enforcement Officer.

[Added 8-16-1994]

There shall be a Code Enforcement Officer who shall, under the jurisdiction of the Township Committee and Construction Official, perform all duties and functions as so required, including the duty to serve as plumbing inspector for purposes of enforcement, inspection and regulation of all matters necessary and incidental to plumbing construction, installation and maintenance.

§ 121-5 Standards adopted; official positions.

[Amended 12-28-1976]

A. There is hereby established in the Township of Hillside a State Uniform Construction Code enforcing agency to be known as "Hillside Building Department Code Enforcement Agency," a Building Subcode official, a Plumbing Subcode official, an Electrical Subcode official and such other subcode officials 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. The functions of reorganization of positions or the opening of lines of authority between dispersed personnel in various municipal agencies shall be delegated to the governing body.

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, as amended,[1] and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23 and, in lieu of an Electrical Subcode official, an underwriter's certification of approval shall be acceptable to the enforcing agency for purposes of issuing all certificates of occupancy.

[1] Editor's Note: See 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. The central agency created pursuant hereof shall receive applications for construction permits, issue construction permits and certificates of occupancy, collect fees, penalties and fines and issue notices and orders.

D. The enforcing agency shall report annually at the end of each fiscal year to the Department of Community Affairs the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first became effective, said report shall be for the third and fourth quarters only.

[Added 9-20-1977 by Ord. No. G-115-77][2]

[2] Editor's Note: Former Sec. 12-1.3, entitled "Duties of Building Official," which immediately followed this section, was deleted 10-21-2003.

§ 121-6 Cooperation of other officials.

The Construction 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 Township. He shall also fully cooperate with all other Township officials if and when requested by them.

§ 121-7 Right of entry.

The Construction Official, in the discharge of his official duties and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.[1]

[1] Editor's Note: Former Sec. 12-1.7, entitled "Establishment of fire limits," which immediately followed this section, was deleted 10-21-2003

§ 121-8 Fees.

[Amended 5-15-1973 by Ord. No. G-18-1973; 7-15-1975 by Ord. No. G-70-75; 12-28-1976; 9-20-1977 by Ord. No. G-115-77; 5-2-1978 by Ord. No. G-119-78; 5-4-1982 by Ord. No. G-213-82; 8-10-1992 by Ord. No. G-323-92; 3-17-1998; 1-8-2002; 4-22-2003; 4-5-2005; 10-26-2010 by Ord. No. O-10-025]

The fee schedule shall be as follows:

A. The fee for plan review shall be 25% of the amount to be 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. The plan review fee shall be nonrefundable. The fee shall be calculated in accordance with N.J.A.C. 5:23-4.18(b).

B. The fees for the building subcode shall be in accordance with the following schedule:

(1) New building and additions (based on cubic feet):

(a) Residential and nonresidential: $0.0395 per cubic foot;

(b) Minimum fee: $200.

(c) Applicable State of New Jersey surcharges shall be assessed in accordance with N.J.A.C. 5:23-4.19.

(2) Alterations and renovations:

(a) Twenty-eight dollars per $1,000 on cost of construction.

(b) Minimum fee of $80.

(3) Sheds:

(a) Up to 100 square feet: $80.

(b) Over 100 square feet: $28 per $1,000 on cost of construction; minimum: $80.

(4) Certificate of occupancy:

(a) New buildings and additions: 12% of total construction permit fee; minimum: $300.

(b) Certificate, change of use: $300.

(c) Resale of residential dwelling: $150.

(d) Resale of multiple dwellings: $150 for first unit, $75 each additional unit.

(e) Resale commercial or industrial: fixed fee of $400.

(f) Change of tenant (commercial/industrial): fixed fee of $300.

(g) The fee to be charged for a certificate of occupancy shall be paid at the time of application.

(5) Swimming pools:

(a) Aboveground: $40.

(b) In-ground: $200.

(6) Storage tanks:

(a) Up to 1,999 gallons: $200.

(b) Two thousand to 9,999 gallons: $300.

(c) Ten thousand gallons and over: $400.

(7) Woodburning stoves: $40.

(8) Asbestos hazard abatement:

(a) Two hundred dollars.

(b) Clearance certificate of occupancy: $100.

(9) Radon:

(a) One hundred dollars.

(b) Clearance certificate of approval: $100.

(10) Lead abatement:

(a) One hundred dollars.

(b) Clearance certificate of approval: $100.

(11) Demolition:

(a) One- or two-family dwellings: $300.

(b) Apartment buildings exceeding two stories: $400.

(c) Garages, accessory uses: $80.

(d) Commercial and industrial: $500 (up to 5,000 square feet/up to 30 feet in height).

(e) Commercial and industrial: $700 (exceeding 5,000 square feet/30 feet in height).

(12) Signs:

(a) All signs shall be computed at $5 per square foot.

(b) The fee shall be calculated based upon the surface area of one side of the sign.

(c) Minimum fee: $80.

(13) Elevators, escalators and lift units: 15% of the third-party elevator inspection fee, plus $50 certificate of compliance fee. Inspection fees shall be assessed in accordance N.J.A.C. 5:23-12.1 et seq.

(14) The minimum fee to be assessed for all building subcode construction permits shall be $80.

C. Electrical permits.

(1) For the first block consisting of one to 50 receptacles, fixtures or devices: $80.

(2) Each additional block consisting of up to 25 receptacles, fixtures or devices: $20.

(3) Computing of this fee for receptacles, fixtures and devices shall include:

(a) Lighting fixtures.

(b) Wall switches.

(c) Convenience receptacles.

(d) Sensors.

(e) Dimmers.

(f) Alarm devices.

(g) Smoke and heat detectors.

(h) Communication outlets.

(i) Light standards eight feet or less in height, including luminaries.

(j) Emergency lights.

(k) Electric signs.

(l) Exit lights or similar electric fixtures and devices rated 20 amperes or less [includes motors or equipment rated less than one horsepower (hp) or one kilowatt (kW)].

(m) Motor or electric devices rated from one hp or one kW to 10 hp or 10 kW: $20.

(n) Transformer or generator rated from one kW or one kva to 10 kW or 10 kva: $20.

(o) Each replacement of wiring involving one branch circuit or part thereof: $20.

(p) Each storable pool or hydromassage bath: $20.

(q) Each household electrical cooking equipment rated up to 16 kW: $20.

(r) Each fire, security or burglar alarm control unit: $20.

(s) Each receptacle rated from 30 amperes to 50 amperes: $20.

(t) Each light standard greater than eight feet in height including luminaries: $20.

(u) Each communications closet: $20.

(v) Motors or electrical devices rated greater than 10 hp or 10 kw to 50 hp or 50 kw: $80.

(w) Each service equipment panel board, switch board, switch gear, motor control center or disconnecting means rated 225 amperes or less: $125.

(x) Each transformer or generator rated from greater than 10 kw or 10 kva to 45 kw or 45 kva: $80.

(y) Each electric sign rated from greater than 20 amperes to 225 amperes including associated disconnecting means: $80.

(z) Each receptacle rated greater than 50 amperes: $80.

(aa) Each utility board management device: $80.

(bb) Each motor or electrical device rated from greater than 50 hp or 50 kw to 100 hp or 100 kw: $125.

(cc) Each service equipment, panel board, switch board, switch gear, motor control center or disconnecting means rated from greater than 225 amperes to 1,000 amperes: $125.

(dd) Each transformer or generator rated from greater than 45 kw or 45 kva to 112.5 kw or 112.5 kva: $125.

(ee) Each motor or electrical device rated greater than 100 hp or 100 kw: $750.

(ff) Each service equipment, panel board, switch board, switch gear, motor control center or disconnecting means rated greater than 1,000 amperes: $750.

(gg) Each transformer or generator rated greater than 112.5 kw or 112.5 kva: $750.

(hh) Swimming pools.

[1] Electrical work for each permanently installed private swimming pool as defined in the Building Subcode, spa, hot tub or fountain: $125 flat fee (includes any required bonding and associated equipment, e.g., filter pumps, motors, disconnecting motors, disconnecting means switches required receptacles and heaters, etc., excepting panel boards and underwater lighting fixtures).

[2] Public swimming pools fees are charged on the basis of the number of electrical fixtures and rating of electric devices involved in accordance with each of the above-referenced subsections.

(ii) Smoke or heat detectors; alarm systems.

[1] Installation of single and multiple stationary smoke or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling: $80 flat fee.

[2] For buildings other than one- or two-family dwellings, the fee shall be in accordance with Subsection C(1), (2) and (3)[a] through [aa] above.

(jj) Multimeter stacks; individual loadside panel boards; feeder conductors.

[1] For multimeter stacks, 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.

[2] Individual loadside panel boards shall be charged in accordance with Subsection C(3)[1] through [gg].

[3] For concurrent installation of individual feeder conductor, no additional fee shall be charged.

(kk) 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 or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, e.g., controllers, starters and disconnecting means.

(ll) For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be in accordance with Subsection C(1), (2) and (3)[a] through [a] above based on the designated ampere rating of the overcurrent device of the service or feeder.

(mm) The charge 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.

(nn) For the purpose of computing these fees, all electrical and communication devices, utilization equipment and motors which are part of the premises wiring, except those which are portable plug-in types, shall be counted.

(4) Demand inspections. After-hour inspections shall be assessed at $100 per hour, with a minimum of two hours to be assessed.

(5) All fees will be rounded up or down to the nearest dollar.

(6) In no event shall the permit fee for proposed electrical work in any building or structure be less than $80.

D. Plumbing permits.

(1) The fees for plumbing subcode shall be in accordance with the fee schedule set forth below.

(2) Definitions. For the purpose of computing plumbing subcode permit fees, the following definitions shall be used:

PLUMBING APPLIANCES

Includes, but shall not be limited to, hot-water heater, sewer connection, air conditioner, sewer ejector, separator, boiler pressure reduction device, active solar system, water heater, garbage disposal unit, heat exchangers, sump pumps, dishwashers, ice makers, sterilizers and aspirators.

PLUMBING APPURTENANCES

Includes, but shall not be limited to, devices, a manufactured device or an on-the-job assembly of component parts, which adjunct to the basic piping systems and plumbing fixtures, pressure-reducing valves, backflow prevention devices, backwater valves, vacuum breakers, interceptors and similar devices.

PLUMBING FIXTURES

Includes, but shall not be limited to, stacks, water closet, bidet, urinal, bathtub, lavatory, sink, hose bib, shower, floor drain vent stack, dishwasher, laundry tubs, washing machine connections, and similar fixtures.

(3) The permit fee for the installation or replacement of a plumbing fixture shall be $20 for each plumbing fixture. The permit fee for hot-water boilers, water-cooled air-conditioning units and steam boilers shall be $80.

(4) The permit fee for the installation or replacement of a plumbing appurtenance and/or special device shall be $80 per plumbing appurtenance and/or special device. Exception: The fee for backflow preventors that do not require ongoing inspection shall be $25.

(5) The permit fee for the installation or replacement of a plumbing appliance shall be $80.

(6) The permit fee for the installation of a building sewer and/or water service pipe is $80.

(7) The permit fee for the installation of a lawn sprinkler system shall be $20 for each sprinkler head.

(8) The permit fee for the installation or replacement of subsoil drains shall be $80.

(9) The permit fee for the installation or replacement of oil lines and/or oil tank piping shall be $80.

(10) The permit fee for the installation or replacement of a gas line shall be $80.

(11) The permit fee for fuel connection shall be $20.

(12) The permit fee for the installation or replacement of a gasoline pump shall be $80.

(13) The minimum fee for any permit issued for the plumbing subcode shall be $80.

(14) All fees will be rounded up or down to the nearest dollar.

E. Fire permits.

(1) The fees for fire subcode shall be in accordance with the following fee schedule:

(a) Sprinkler heads.

	Number of Sprinkler Heads	Fee
	20 or less	$95
	21 to 100	$175
	101 to 200	$350
	201 to 400	$850
	401 to 1,000	$1,250
	Over 1,000	$1,450

(b) Special suppression systems or other similar engineered systems (i.e., carbon dioxide or other similar systems): $250.

(c) Fire alarm devices per building, including fire alarm panels, enunciations, heat detectors, smoke detectors, manual pull stations, bells, horns, strobes or any other devices of a fire alarm system:

	Number of Devices	Fee
	10 or fewer	$80
	11 to 20	$95
	21 to 100	$175
	101 to 200	$350
	201 to 400	$685
	401 to 1,000	$950
	Over 1,000	$1,250

(d) Stand pipe systems, per riser: $350.

(e) Privately owned fire hydrants: $350 each.

(f) Gas- or oil-fired appliances not connected to a plumbing system: $80.

(g) Commercial kitchens exhaust systems: $156.

(h) Spray booths or rooms: $300.

(i) Emergency smoke evacuations systems: $300.

(j) Incinerators and crematoriums: $850.

(k) Fire pumps: $175.

(2) The minimum fee for any permit issued for the fire subcode shall be $80.

(3) All fees will be rounded up or down to the nearest dollar.

F. Mechanical permits.

(1) The permit for the installation or replacement of oil lines, oil tank piping, boiler and/or gas piping, shall be $80.

(2) The minimum fee for any permit issued for the mechanical subcode shall be $80.

(3) All fees will be rounded up or down to the nearest dollar.

§ 121-9 Construal of provisions.

Nothing in this article or in the code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause of action accrued or existing, under any act or ordinance repealed. No right or remedy of any character shall be lost, impaired or affected by this article.[1]

[1] Editor's Note: Former Sec. 12-1.10, entitled "Extent of adoption," and Sec. 12-1.11, entitled "Amendments to Code," both of which immediately followed this section, were deleted 10-21-2003.

§ 121-10 Fee schedule recommendations.

[Amended 12-28-1976]

A. The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Committee, 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]

[1] Editor's Note: See N.J.S.A. 52:27D-119 et seq.

B. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of $0.0016 per cubic foot of volume of new construction. Said surcharge fee shall be remitted to the Bureau of Regulatory Affairs on a quarterly basis for the fiscal quarter 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 became effective, said fee shall be collected and remitted for the third and fourth quarters only.

[Amended 10-21-2003]

§ 121-11 Violations and penalties.

[Added 10-21-2003]

Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.

§ 121-11.1 International Mechanical, Residential, Building, Fire, Fuel Gas and Energy Conservation Codes; National Standard Plumbing Code.

[Added 7-15-2003; amended 4-7-2009 by Ord. No. O-09-011]

A. The Township of Hillside adopts the 2006 International Mechanical Code, the 2006 International Residential Code, the 2006 International Building Code, the 2006 International Fire Code, the 2006 National Standard Plumbing Code, the 2006 International Fuel Gas Code, and the 2006 International Energy Conservation Code, as the Township's Mechanical Subcode, One- and Two-Family Dwelling (Residential) Subcode, Building Subcode, Fire Subcode, Plumbing Subcode, Fuel Gas Subcode, and Energy Subcode, respectively.

B. Copies of the above-mentioned codes are to be kept on file in the Construction Official's office and the Township Clerk's office for public review.