[HISTORY: Adopted by the Mayor and Council of the Borough of South
River 12-30-1976 by Ord. No. 1976-41 (Ch.
129 of the 1977 Code). Amendments noted where applicable.]
That certain code known and designated as the "State Uniform Construction
Code," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), is hereby adopted
as the Construction and Building Code of the Borough of South River, for the
control of buildings and structures as herein provided; and each and all of
the regulations, provisions, penalties, conditions and terms of the aforesaid
documents are hereby adopted and made a part hereof, as if fully set out in
this chapter, except where contrary to the additions, insertions, deletions,
amendments and changes.
Three copies of the Construction and Building Code adopted by this chapter,
with any additions, insertions, deletions and amendments clearly marked, have
been placed on file in the office of the Borough Clerk and shall remain on
file in such office for use and examination by the public.
An enforcing agency is hereby established in the Borough of South River,
New Jersey, as required by the State of New Jersey, P.L. 1975, c. 217, in
the Department of Administration of the State Uniform Construction Code Act.
The enforcing agency shall be further known and designated as the "South River,
New Jersey, Building Department," located at 48 Washington Street, South River,
New Jersey 08882.
A.
Construction Official. A new title and position is hereby
established in the Building Department of Construction Official, who shall
be the Chief Administrator of the enforcing agency, and he shall be certified
by the Department of Community Affairs as provided in the regulations.[1] Further, the Construction Official shall be appointed by the Mayor
and Council and shall hold such office for a period of four years.
[1]
Editor's Note: "The regulations" refers to the regulations established
by the Commissioner of the Department of Community Affairs.
B.
Subcode officials.
(1)
The following subcode officials shall constitute the
enforcing agency under the Act: Construction Official, Plumbing Inspector,
Electrical Inspector and Chief Combustible Inspector, and their assistants,
who are appointed for four-year terms with the exception of assistants or
trainees for whom the Commissioner of Community Affairs may establish separate
requirements.
(2)
The subcode officials as provided in the Act shall be
appointed by the Mayor and Council and shall be certified as provided in the
regulations promulgated by the Department of Community Affairs. Their appointments
are for four-year terms under the Act (P.L. 1975, c. 217, Section 8c; N.J.S.A.
52:27D-126c).
(3)
In lieu of the appointment of an Electrical Subcode Official
or a contract with an electrical on-site inspection agency, the existing electrical
inspection authorities may continue to operate as per N.J.A.C. 14:5-71.1 et
seq. until the Borough of South River directly contracts with same, but in
no case shall such existing electrical inspection authorities continue after
January 1, 1978, except in conformity with Article 36 of the Regulations of
the New Jersey Administrative Code. The Plumbing Inspector currently employed
by the South River Board of Health shall be removed therefrom and shall assume
the position of Plumbing Subcode Official pursuant to the law made and provided
therefor and under the terms and conditions hereof.
(4)
Nothing shall prevent one person from serving in more
than one position for which he is certified and qualified. However, more than
one person shall not be appointed concurrently to the same position.
A.
Construction Official.
(1)
The Construction Official shall serve as the chief administrator
of the enforcing agency. He shall establish the day-to-day operating routines
of the agency.
(2)
The Construction Official shall, with the advice of the
subcode officials, prepare and submit to the Mayor and Council, 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.
B.
Subcode officials shall enforce the provisions of those
subcodes for which they are responsible, in accordance with Part II of the
regulations, and for which they are qualified in accordance with Part IV of
the regulations and for which they have been appointed by the Mayor and Council.
Each subcode official shall be responsible for the administration and enforcement
of the appropriate subcode, subject to the Construction Official. However,
each subcode official shall have exclusive decision-making authority with
respect to the technical provisions of his subcode.
C.
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 fee 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.
D.
Central permit office. There shall be maintained, under
the direction and supervision of the Construction Official, a central permit
office at 48 Washington Street. This office shall receive applications for
construction permits and plan review; issue construction permits and certificates
of occupancy; collect fees, penalties and fines; and issue notices and orders.
The office shall be open during normal business hours at times to be determined
by the Construction Official.
E.
Schedule of hours and records of Construction Official.
The Construction Official shall be available for consultation and discussion
during normal business hours at scheduled times to be determined by the Construction
Official. All inspections shall take place between 8:30 a.m. and 4:30 p.m.
on business days, or while construction is taking place, or in cases of emergency,
or with the permission of the owner or his representative. Further, there
shall be maintained in this office a central file system for each property
in the municipality for which a permit has been issued or requested or for
which an action has been taken by the municipal enforcing agency. The files
shall contain all information, including inspection reports, correspondence,
etc., relevant to each application for a construction permit, certificate
of occupancy, variance, and so forth, as may be directed by the Department
of Community Affairs and/or the governing body of the Borough of South River,
New Jersey. The files shall contain and indicate the storage location of all
plans and specifications too bulky for storage in said file, and still further,
are public records. The Borough will maintain all files unless the Department
shall rule otherwise.
A.
The Construction Official shall:
(1)
Provide that applications are available and assist the
public in preparing the applications, whenever necessary.
(2)
Upon receipt of the application, review the application
and determine the proper fee for the work required.
(3)
Collect all fees and penalties and ensure that funds
are properly accounted for.
(4)
Review all applications for completeness as to form and
for verification of prior approvals. He may request additional documentation
concerning prior approvals whenever it is deemed necessary.
(5)
Ensure that the proper subcode official shall have an
adequate time period to review appropriate applications, plans and specifications.
(6)
Ensure that all requests for variation are properly prepared,
documented and referred to the appropriate subcode officials.
(7)
Issue the construction permit upon reviewing the approval
of all appropriate subcode officials.
(8)
Record all notices of violations upon receiving notification
of the appropriate subcode official, and determine all penalties for noncompliance
with the penalty notices.
(9)
Ensure that all required inspections are scheduled and
performed.
(10)
Ensure that the reports of all inspections are completed
and properly filed.
(11)
Record stop-work orders, upon notification of the appropriate
subcode official.
(12)
Ensure that all final inspections have been completed
prior to the issuance of a certificate of occupancy.
(13)
Issue the certificate of occupancy upon receiving the
approval of all appropriate subcode officials.
(14)
Ensure, in the case of a change of use, or upon a request
for a new certificate of occupancy, that each subcode official gives an approval
based on an inspection and the review of all submitted data before issuing
a new certificate of occupancy.
(15)
Prepare and obtain reports required in the regulations.
B.
Nothing contained herein shall prevent the Construction
Official from overruling a decision of a subcode official if he is qualified
and certified in that subcode pursuant to Part IV of the regulations.
The subcode officials shall:
A.
Review those aspects of the application, plans and specifications
appropriate to his subcode for approval and release to the Construction Official
for issuance of the permit.
B.
Receive, directly from the applicant, and review applications
for minor or emergency work for approval and release to the Construction Official
for issuance of the permit.
C.
Comply with the time limitations for review as determined
by the Construction Official.
D.
Review requests for variations as necessary.
E.
Perform all required inspections.
F.
Issue notices of violation in the name of the enforcing
agency and notify the Construction Official of same. The subcode official
may issue verbal orders at the job site and shall record such orders in his
inspection report.
G.
Complete reports of all inspections performed.
H.
Issue stop-work orders in the name of the enforcing agency
and notify the Construction Official of same.
I.
Perform final inspection and notify the Construction
Official of approval in order that he may issue certificates of occupancy.
J.
Make inspections, review submitted data and notify the
Construction Official of approval in the case of a change of use or a request
for a new certificate of occupancy.
K.
Assist the Construction Official in the preparation of
all reports required in the regulations.
L.
Attend meetings and hearings as required by the regulations.
A.
Construction permits. All construction fees shall be
payable to the Construction Official at the central office at 48 Washington
Street. The fees are calculated to reasonably cover the municipal cost as
required in the regulations of the Department of Community Affairs and will
be the sum of the subcode fees as follows:
(1)
Plan review. Twenty percent of the construction fee shall
be the plan review fee paid at the time of submission of an 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 same is issued. Plan review fees
are not refundable.
(2)
Plan review waiver. The construction permit shall be
reduced 20% when a plan review is waived.
(3)
Partial plan review. For projects that do not require
plan review for all subcodes, the fee shall be the appropriate percentage
of the subcodes which are applicable.
B.
Volume computations for building fees. For the determination
of the permit fees, the volume of the structures shall be computed as follows:
(1)
Structures with a basement or cellar. The volume of the
structure shall include all enclosed dormers, porches, penthouses and other
enclosed portions of the 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.
(2)
Structures without a basement or cellar. For structures
without a basement or cellar, 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.
(3)
Open sheds. For open sheds and structures of a similar
character, the volume shall be measured within the perimeter of the roof for
a height from grade line to the mean roof level.
C.
Building, plumbing, electrical and other fees shall be as provided in Chapter 155, Fees.
[Amended 12-13-1978 by Ord. No. 1978-32; 7-28-1979 by Ord.
No. 1979-35; 11-12-1981 by Ord. No. 1981-52; 11-14-1985
by Ord. No. 1985-30; 5-6-1992 by Ord.
No. 1992-14; 11-10-2003 by Ord. No. 2003-42]
D.
State of New Jersey surcharge fees.
[Amended 5-6-1992 by Ord. No. 1992-14]
(2)
Said surcharge fee shall be remitted to the Bureau of
Housing Inspection, 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.
E.
The fee for pursuing an application to the Middle Department
Inspection Agency, Inc., or any private third-party on-site inspection agency
shall be 15% of the permit fee for the subcodes being enforced by the private
inspection agency.
[Added 11-14-1985 by Ord. No. 1985-30;
amended 5-6-1992 by Ord. No. 1992-14; 5-10-1995
by Ord. No. 1995-15; 11-29-2000 by Ord.
No. 2000-40]
F.
All fees pursuant to this chapter shall be rounded to
the nearest dollar.
[Added 11-29-2000 by Ord. No. 2000-40]
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 enforcing agency and the Department, of the entire premises and of
any and all construction being performed on it until a certificate of occupancy
has been issued.
B.
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 this chapter and code or to require the removal or termination
of the unlawful use of the building or structure in violation of the provisions
of the code or of the order or direction made pursuant thereto.
A.
The Construction Official shall serve, either personally
or by certified mail, return receipt requested, a notice of violation and
orders to terminate on the person responsible for the erection, construction,
alteration, extension, repair, removal, demolition or use of a building or
structure in violation of the provisions of the code, or in violation of a
detailed statement or a plan approved thereunder, or in violation of a permit
or certificate issued under the provisions of the code; and such order shall
direct the discontinuance of the illegal action or condition and the correction
of the violation.
B.
The notice and orders shall contain at least the following
information; the name and address of the owner or lessee; the address at which
the violation has occurred; the name and business address of the person upon
whom service is made if it is other than the owner; the name and address of
the person to whom the order is directed; a citation to the sections of the
code violated; an order to terminate violations within a time specified in
the order; and the amount of the penalty assessed, if any, and a citation
to its statutory and regulatory source and, if cumulative, an explanation
of the method of computation; and shall be signed by the appropriate subcode
official and the Construction Official.
C.
Unless an immediate hazard to health and safety is posed,
the Construction Official shall permit such time period for correction as
is reasonable within the context of the violation.
D.
Extensions. The Construction Official may grant extensions
of time specified whenever he shall determine that, despite diligent effort,
compliance cannot be accomplished within the time specified in the notice.
If, however, such extension shall be for a period in excess of three working
days, the Construction Official shall require a written application of extension
stating the need upon which he shall rule, in writing, and which shall be
made a part of the permanent file of the project.
E.
Corrections. If the notice of violation and orders to
terminate have been complied with, the Construction Official, in addition
to any other available remedies likely to bring about compliance, may request
the legal counsel of the Borough to institute the appropriate proceeding at
law or in equity to restrain, correct or abate.
A.
Any person or corporation, including any officer, director or employee of a corporation shall be subject to the penalties in Chapter 1, Article I, General Penalty, for the following:
(1)
Violation of any of the provisions of the Act or the
code for each such violation after expiration of the time period delineated
in the notice and order to terminate and shall be subject to a further penalty
for each week in which he fails to comply with any such order. The time period
for such weekly penalty assessment shall begin to run from the day after the
date set for compliance in the notice and orders to abate. Though all violations
may, for purposes of administration, be sent in one form of notice and orders,
each shall be considered a separate order and shall be computed as such for
purposes of this subsection.
(2)
Failure to comply with a stop-construction order for
each day of failure to comply.
(3)
Construction of a structure or building in violation
of a condition of the construction permit for each violation and any further
violation of the construction permit occurring after receipt of the notice
and orders to terminate the original violations of the construction permit.
(4)
Making a false or misleading written statement or omitting
any required information or statement in any application or request for approval
to an enforcing agency or the Department for each such false or misleading
statement or omission unless the Construction Official shall determine, in
writing and as part of the permanent file, that such was of no consequence
or the result of inadvertence.
A.
The Construction Official shall serve, either personally
or by certified mail, return receipt requested, a notice of penalty assessment
and an order to pay a penalty, whenever he shall not have done so in the original
orders and notice.
B.
The notice and order shall contain at least the following
information: the name and address of the owner or lessee; the address at which
the violation has occurred; the name and business address of the person upon
whom service is made if it is other than the owner; the name and address of
the person to whom the order is directed; in the case of a violation of any
of the subsections of this chapter, a statement of the subsection violated
and the specifics of that violation; and a statement of the total amount of
the penalty due or, in the case of a weekly assessment, accruing each week
that the violation remains.
C.
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 is conferred upon
Judges of the Municipal Court in addition to the courts specified by N.J.S.A.
2A:58-2. Suit may be brought by the Borough or the State of New Jersey. Payments
of a money judgment pursuant hereto shall be remitted, in the case of a suit
brought by the Borough, to the Municipal Treasurer and, in the case of a suit
brought by the State of New Jersey, to the State Treasurer.
D.
The Construction Official may avail himself of the monetary
penalty assessment provisions hereinabove described, whenever such shall be
likely to assist in bringing about compliance.
If the construction of a structure or building is being undertaken contrary
to the provisions of the code, or other applicable laws or ordinances, the
enforcing agency 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 enforcing agency to abate a dangerous condition or remove a violation,
or except by court order. If an order to stop construction is not obeyed,
the enforcing agency 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
these regulations or the law or ordinance.
A.
All buildings or structures that shall become unsafe
or unsanitary or which contain deficient or blocked exitway facilities or
which constitute a fire hazard or are otherwise dangerous to human life or
the public welfare or which, by reason of illegal or improper use or occupancy,
shall be deemed unsafe buildings or structures shall be taken down and removed
or made safe and secure. A vacant building unguarded or open at a door or
window shall be deemed a fire hazard and unsafe within the meaning of the
code.
B.
Examination and record of damaged structures. The Construction
Official shall examine every building or structure reported as dangerous,
unsafe structurally or constituting a fire hazard; and he shall cause the
report to be filed in a docket of unsafe structures and premises, stating
the use of the structure and the nature and estimated amount of damages, if
any, caused by collapse or failure. He shall cause to be noted all violations
of the applicable construction permit, the code and other applicable laws
and regulations. All inspections pursuant to this section shall be between
the hours of 8:30 a.m. and 4:30 p.m. on business days, or when construction
is actually being undertaken; provided, however, that inspections may be conducted
at other times if the enforcing agency 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 shall
accompany an inspector or team of inspectors on any inspection pursuant to
the code, unless his presence is necessary for the enforcement of the code
or unless consent is given by an owner or his agent, architect, engineer or
builder.
C.
Notice of unsafe structure. If an unsafe condition is
found in a building or structure, the Construction Official shall serve on
the owner, agent or person in control of the building or structure a written
notice describing the building or structure deemed unsafe and specifying the
required repairs or improvements to be made to render the building or structure
safe and secure, or requiring the safe building or structure or portion thereof
to be demolished within a stipulated time. Such notice shall require the person
thus notified to immediately declare to the Building Official his acceptance
or rejection of the terms of the order.
D.
Restoration of unsafe structure. A building or structure
condemned by the Construction Official may be restored to a safe condition,
provided that change of use or occupancy is not contemplated or compelled
by reason of such reconstruction or restoration, except that if the damage
or cost of reconstruction or restoration is in excess of 50% of its replacement
value, exclusive of foundations, such structure shall be made to comply in
all respects with the requirements for materials and methods of construction
of structures hereafter erected.
E.
Posting unsafe notice. If the person addressed with an
unsafe notice cannot be found within the Borough after diligent search, then
such notice shall be sent by registered or certified mail to the last known
address of such person, and a copy of the unsafe notice shall be posted in
a conspicuous place on the premises and such procedure shall be deemed the
equivalent of personal notice.
F.
Upon refusal or neglect of the person served with an
unsafe notice to comply with the requirements of the order to abate the unsafe
condition, the Construction Official shall, in addition to any other remedies
herein provided, forward the matter to the legal counsel of the jurisdiction,
or, in the case of the state, to the Attorney General, for an action to compel
compliance.
G.
Nothing herein is intended to limit the right of the
Borough of South River to adopt Housing, Property Maintenance or Public Health
Code enforcement rules pursuant to any other law, ordinance or judicial decision
of this state.
A.
When, in the opinion of the Construction Official, there
is actual and immediate danger of failure or collapse of a building or structure
or any part thereof which would endanger life, or when any structure or part
of a structure has fallen and life is endangered by the occupation of the
building or structure, the Construction Official is hereby authorized and
empowered to order and require the occupants to vacate the same forthwith.
He shall cause to be posted at each entrance to such building a notice reading
as follows: "This structure is unsafe and its use or occupancy has been prohibited
by the Construction Official, and it shall be unlawful for any person to enter
such building or structure except for the purpose of making the required repairs
or of demolishing the same."
B.
Temporary safeguards. When, in the opinion of the Construction
Official, there is actual and immediate danger of collapse or failure of a
building or structure or any part thereof which would endanger life, he shall
cause the necessary work to be done to render such building or structure or
part thereof temporarily safe, whether or not the legal procedure herein described
has been instituted.
C.
Closing streets. When necessary for the public safety,
the Building Official may temporarily close sidewalks, streets, buildings
and structures and places adjacent to such unsafe structures and prohibit
the same from being used.
D.
Emergency repairs. For the purpose of this action, the
Building Official shall employ the necessary labor and materials to perform
the required work as expeditiously as possible.
E.
Costs of emergency repairs. Costs incurred in the performance
of emergency work shall be paid from the treasury of the jurisdiction, on
certificate of the Construction Official, and the legal authority of the jurisdiction
shall institute appropriate action against the owner of the premises where
the unsafe building or structure was located for the recovery of such costs.
A.
Nothing contained in this chapter or the code shall be
deemed to affect, repeal or invalidate the Borough's Zoning Ordinances or
the regulation or licensing of any trade or profession engaged in construction
work.
B.
A building, plumbing or electrical permit issued under
valid construction regulations prior to the promulgation of the code and this
chapter shall remain valid, and the construction of any building or structure
may be completed pursuant to and in accordance with said permit. The construction
of any building or structure stated before the promulgation of the code and
this chapter that did not, as of the date of the beginning of the construction,
require a construction permit may be completed without a construction permit.
C.
All construction regulations incorporated in any act
of the State of New Jersey or of the Borough presently in effect or validly
promulgated or enacted by any board, department, commission or agency thereof
shall be superseded and of no other force and effect from and after the effective
date of this chapter and the State Uniform Construction Code, namely, January
1, 1977.
D.
Any law or regulation addressing areas for which the
Commissioner of the New Jersey Department of Community Affairs shall not have
promulgated a subcode may continue in effect until such time as a subcode
therefor is adopted.
