[HISTORY: 1988 Code §§ 64-1 - 64-3 adopted as amended through December 31, 2013. Amendments noted where applicable.]
There is hereby established in the Township of Wayne a State Uniform Construction Code enforcing agency to be known as the "Division of Construction Code," consisting of a Construction Official, Assistant Construction Official, Building Subcode Official, Plumbing Subcode Official, Fire Subcode Official, Electrical Subcode Official and such other officials for such additional subcodes as may hereafter be adopted as part of the Township or State Uniform Construction Code. The Construction Official shall be the head of the enforcing agency and shall report to the Department of Public Works.
Each position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, (N.J.S.A. 52:27D-119 et seq.) as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode inspector, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such inspector's 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.
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.
There is hereby established a Construction Board of Appeals to hear appeals from decisions by the enforcing agency. Such Board shall consist of five members. The Mayor shall be the appointing authority. At least one Board member shall be a registered architect or licensed professional engineer of building construction experience, and at least one Board member shall be qualified as a Plumbing Subcode Official and one qualified as an Electrical Subcode Official. No more than two Board members shall be selected from the same business or profession. Each Board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect or, in the alternative, five years experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education or, as a further alternative, 10 years experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
Appointment of members; alternates.
The Mayor shall appoint the Board members and any alternate members. For the members first appointed, the Mayor shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. Vacancies shall be filled for the unexpired term.
The Mayor shall appoint such number of alternates, as may be appropriate, for terms not to exceed four years or may, in the alternative, appoint alternates on a case-by-case basis.
No regular or alternate Board member may be a member of the enforcing agency, the decisions of which are subject to the review of the Board.
Construction fee. The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A(1) through (3) hereof and shall be paid before a permit can be issued.
Building Subcode fees. The building subcode fees for new buildings and additions shall be as follows:
New buildings and additions (minimum fee: $50):
Certificate of occupancy:
Surcharge fee, State of New Jersey: $0.00334 each cubic foot of new construction.
Surcharge fee, State of New Jersey: $0.0017 cost of alterations.
Alterations, renovations and repairs per $1,000 of estimated cost of work:
Temporary buildings: $50.
Demolition permit fees:
Moving buildings to new locations: $6 per $1,000 of the estimated cost for moving, new foundation and completion in the new location, provided that the minimum shall be $40, plus the fee for a certificate of occupancy. In addition, building, electrical, plumbing and fire permits must be taken out.
Certificate of occupancy, change in use: $150.
Certificate of occupancy for multiple units: $100 per unit.
Certificate of compliance fee: $35.
Tank installations: The fee shall be based on the cost of the work.
Tank abandonment, residential. Cut, cleaned and filled: The fee shall be based on the cost of the work.
Sign fees: $0.50 per square foot.
No fee is required for ordinary maintenance as the term is defined by regulations promulgated by the State of New Jersey.
Combination of renovations, alterations and additions. The fee shall be the sum of the fees computed separately as renovations, alterations and additions.
Fire Subcode fees. The fire subcode fees shall be as follows:
Elevator Safety Subcode fees. The fees for the elevator safety subcode shall be as set by the State of New Jersey. The designated subcode agency for this subcode shall be either:
Electrical Subcode fees. The electrical subcode fees shall be as follows:
Collection; amount; reporting.
In order to provide for the training and certification and technical support programs required by the Act (N.J.S.A. 52:27D-119 et seq.), an enforcing agency, including the Department when acting as the local agency, shall collect a surcharge fee to be based upon the volume of new construction within the municipality. Said fee shall be accounted for and forwarded to the Bureau of Regulatory Affairs in the manner herein provided.
Amount. This fee shall be in the amount of $0.00334 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 $1.70 per $1,000 of value of construction.
Remitting and reporting. The Township shall remit fees to the Bureau on a quarterly basis, in conjunction with report number R-840B, State Training Fee Report, in accordance with N.J.A.C. 5:23-4.5(e). Fees remitted shall be for the quarter. Checks shall be made payable to "Treasurer, State of New Jersey."
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fees collected in the fiscal year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.
Exemption from fees. All eleemosynary, charitable and nonprofit organizations, associations and corporations shall be exempt from the payment of any and all fees otherwise required to be paid and cited in this chapter. This exemption shall not apply, however, to the surcharge remitted to the State Department of Community Affairs, set forth in Subsection B and this subsection shall in no way exempt the above organizations, associations and corporations from the payment of said surcharge. Notwithstanding the provisions of the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq. to the contrary, 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, as defined in N.J.S.A. 52:27D-126(e), to an existing public or private structure or any of the facilities contained therein.
Condominium and cooperative units. No permit for construction, plumbing, electrical or other related work which would result in any exterior changes shall be issued for an application made by or on behalf of an owner of a condominium or cooperative unit unless the homeowners' association to which the unit owner belongs certifies its approval of the work for which application is made. Approval as a precondition of the permit by the association shall only be necessary in all instances where the association, in its bylaws, requires association approval.