City of Passaic, NJ Chapter 107 Construction Codes, Uniform

[HISTORY: Adopted by the City Council of the City of Passaic 1-6-1977 by Ord. No. 359-77. Amendments noted where applicable.]

GENERAL REFERENCES

Dwelling units — See Ch. 125.

Fire prevention — See Ch. 139.

Flood damage prevention — See Ch. 143.

Multiple dwellings — See Ch. 185.

Property maintenance — See Ch. 219.

§ 107-1 Enforcing agency established.

[Amended 1-19-1984 by Ord. No. 774-84]

A. There is hereby adopted by the City Council of the City of Passaic this chapter for the purpose of establishing rules and regulations for the enforcement of the State Uniform Construction Code Act for the erection, construction, alteration, repair, demolition, use and occupancy, location and maintenance, removal and moving of buildings and other structures, including permits and penalties.

B. The City of Passaic hereby establishes a Uniform Construction Code Enforcing Agency to be known as the "Division of Code Enforcement," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and any such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereinafter adopt as part of the State Uniform Construction Code.

C. Each official position created in Subsection B 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. 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.

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

D. The Construction Official shall be the chief administrator of the enforcing agency.

E. 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.

§ 107-2 Construction Board of Appeals.

A. There is hereby established a Construction Board of Appeals to hear appeals from decisions of the enforcing agency. Such Board shall consist of five members and two alternate members. 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 as qualified as a Plumbing Subcode Official and as 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 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 alternate, 10 years' experience in the construction trade or as a construction contractor, subcontractor or inspector.

B. The Mayor shall appoint the members and the alternate members. For the 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 a term of four years and one alternate for a term of two years and one alternate for a term of three 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. No regular or alternate Board members may be members of the enforcing agency, the decisions of which are subject to the review of the Board.

C. The fee for a hearing before the Construction Board of Appeals shall be the sum of $50 and shall be paid before the hearing is conducted.

§ 107-3 Fee schedule.

[Amended 4-21-1977 by Ord. No. 387-77; 1-19-1984 by Ord. No. 774-84; 1-23-1986 by Ord. No. 902-86; 3-20-1986 by Ord. No. 922-86; 4-3-1986 by Ord. No. 925-86; 9-11-1986 by Ord. No. 945-86; 6-2-1988 by Ord. No. 1027-88; 11-5-1992 by Ord. No. 1189-92; 3-18-1993 by Ord. No. 1209-93; 8-5-1993 by Ord. No. 1224-93; 5-2-1996 by Ord. No. 1369-96; 4-15-1999 by Ord. No. 1461-99; 4-1-2002 by Ord. No. 1539-02; 10-14-2009 by Ord. No. 1810-09]

A. The fee for plan review, computed as 25% of the fee for a construction permit, 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 are not refundable. The minimum fee is $58.

B. The fee to be charged for a construction permit will be the sum of the basic construction fee plus all applicable special fees, such as elevator or sign fees. This fee shall be paid before a permit is issued.

C. 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.

D. (Reserved)

E. The basic construction fee shall be the sum of the parts computed on the basis of the volume or 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. The minimum fee for a basic construction permit covering any or all of building, plumbing, electrical or fire protection work shall be $58.

(1) Fees for new construction shall be based on the volume of the structure computed in accordance with N.J.A.C 5:23-2.28. The new construction fee shall be in the amount of $0.034 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the building subcode (N.J.A.C. 5:23-3.14), except that the fee shall be $0.034 per cubic foot of volume for Use Groups A-I, A-2, A-3, A-4, F-I, F-2, F-3, S-I and S-2.

(2) Renovations, alterations and repairs.

(a) Fees.

[1] Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work in the amount of $30 per $1,000 up to $50,000.

[2] From $50,001 to $100,000, the additional fee shall be in the amount of $23 per $1,000 of estimated cost above $50,000.

[3] Above $100,000, the additional fee shall be in the amount of $19 per $1,000 of the estimated cost above $100,000.

(b) For the purpose of determining estimated cost, the applicant shall submit such cost data as may be available, produced by the architect or engineer of record or by a recognized estimating firm or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The Division of Code Enforcement shall make the final decision regarding estimated cost.

(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 E(2) and (3) above.

(5) Fees for tents in excess of 900 square feet or more than 30 feet in any dimension shall be $116.

F. Plumbing fixtures and equipment.

(1) The fee shall be in the amount of $15 per fixture connected to the plumbing system for all fixtures and appliances except as listed in Subsection F(2) below.

(2) The fee shall be $85 per special device for the following:

(a) Grease traps, oil separators, water-cooled air-conditioning units, refrigeration units, utility service connections, steam boilers, hot-water boilers (excluding those for domestic water heating), active solar systems, sewer pumps, interceptors and fuel oil piping.

(b) Backflow preventers equipped with test parts one inch or larger are $85; backflow preventers equipped with test parts under one inch are $15.

(c) Gas piping is $85 except for gas appliances, stoves, water heaters, dryers and wall ovens, which are $15.

(d) There is no fee for gas service entrances.

G. Electrical fixtures and devices.

(1) For one to 25 receptacles or fixtures, the fee shall be $58. For each additional 25 receptacles or fixtures, the fee shall be $9. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures and convenience receptacles or similar fixtures.

(2) For each motor or electrical device greater than one horsepower and equal to or less than five horsepower and for transformers and generators greater than one kilowatt and equal to or less than five kilowatts, the fee shall be $15.

(3) For each motor or electrical device greater than five horsepower, for each service panel, service entrance or subpanel equal to or less than 200 amperes and for all transformers and generators greater than five kilowatts and equal to or less than 45 kilowatts, the fee shall be $58.

(4) For each motor or electrical device greater than 50 horsepower and equal to or less than 100 horsepower, for each service panel, service entrance or subpanel greater than 200 amperes and equal or less than 1,000 amperes and for transformers and generators greater than 45 kilowatts and equal to or less than 112.5 kilowatts, the fee shall be $500.

(5) For each motor or electrical device greater than 100 horsepower, for each service panel, service entrance or subpanel greater than 1,000 amperes and for each transformer or generator greater than 112.5 kilowatts, the fee shall be $576.

(6) For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.

(7) The fee for a permit for lead hazard abatement work shall be $176.

(8) The fee for a certificate of approval or certificate of compliance certifying the work done under the construction permit has been satisfactorily completed shall be $35 (lead abatement only).

(9) An administrative fee of $106 shall be levied for each construction permit issued for an asbestos hazard abatement project.

(10) An administrative fee of $21 shall be levied for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project.

(11) The fee for plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode shall be $274 for one- and two-family homes (Use Group R-3 of the building subcode), and for light commercial structures having the indoor temperature controlled from a single point, and $1,369 for all other structures.

(12) 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 $151 for Class II and Class III structures. The fee for resubmission of the application for a variation shall be $289 for Class I structures and $85 for Class II and Class III structures.

H. The following fees, plus an administrative fee of 15%, if the City elects to utilize an on-site inspection agency [N.J.A.C. 5:23-4.20(c)1iv], shall be charged for fire protection and other hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums.

(1) Heads or detectors.

(a) Fees.

[1] The fee for 20 or fewer heads or detectors shall be $82.

[2] For 21 to 100 heads or detectors, the fee shall be $151.

[3] For 101 to 200 heads or detectors, the fee shall be $329.

[4] For 201 to 400 heads or detectors, the fee shall be $748.

[5] For 401 to 1,000 heads or detectors, the fee shall be $1,036.

[6] For more than 1,000 heads or detectors, the fee shall be $1,323.

(b) In computing fees for heads and detectors, the number of each shall be counted separately, and two fees, one for heads and one for detectors, shall be charged.

(2) The fee for each standpipe shall be $289.

(3) The fee for each independent, pre-engineered system shall be $92.

(4) The fee for each gas- or oil-fired appliance that is not connected to the plumbing system shall be $58.

(5) The fee for each kitchen exhaust system shall be $58.

(6) The fee for each incinerator shall be $460.

(7) The fee for each crematorium shall be $460.

I. Certificates and other permits.

(1) The fee for a demolition or renewal permit shall be $82 for a structure of less than 5,000 square feet in area and less than 30 feet in height and for one- and two-family residences (Use Group R-3 of the building subcode) and $161 for all other use groups.

(2) The fee for a permit to construct a sign shall be $1.90 per square foot of surface area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $58.

(a) The fee to alter a sign shall be $1.11 per square foot of surface area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $58.

(b) Any sign which is changed in size or shape shall be considered a new sign and subject to the fee above for a new sign.

(3) The fee for a certificate of occupancy shall be in the amount of 10% of the new construction permit fee that would be charged pursuant to these regulations. The minimum fee shall be $120 except for one- or two-family residences (Use Group R-3 of the building subcode) or structures of less than 5,000 square feet in area and less than 30 feet in height, for which the minimum fee shall be $65.

(4) The fee for a certificate of occupancy granted pursuant to a change of use group shall be $174.

(5) The fee for a certificate of continued occupancy shall be $120.

(6) There shall be no fee for a temporary certificate of occupancy. There is a fee of $35 for the extension of a temporary certificate of occupancy.

(7) The fee for a certificate of approval or certificate of compliance, certifying that the work done under a construction permit has been satisfactorily completed, shall be $28.

(8) The fee for plan review of a building for compliance under the alternative systems and nondepletable energy source provisions of the energy subcode shall be $274 for one- and two-family homes (Use Group R-3 of the building subcode), and for light commercial structures having the indoor temperature controlled from a single point, and $1,369 for all other structures.

J. For cross-connections and backflow preventers that are subject to testing, requiring inspection every 12 months, the fee shall be $58 for each device when tested [N.J.A.C. 5:23-2.23(l)4].

K. The fees for elevator device inspections, tests and plan review shall be as provided for in N.J.A.C. 5:23-4.18(k) and N.J.A.C. 5:23-12.1 et seq., rounded to the nearest dollar, with adjustment as per the contract with the outside inspection company, plus an administrative fee of 45%.

[Amended 10-11-2011 by Ord. No. 1874-11]

L. As required by N.J.A.C. 5:23-4.19, therefor to provide for the training and certification and technical support programs required by P.L. 1979, c. 233, §§ 1 through 9,[1] shall be $0.0016 per cubic foot of volume of new buildings and additions and $0.80 per $1,000 of value of construction and all other construction. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. There shall be no fee for work consequential to a natural disaster as set forth in N.J.A.C. 5:23-4.19(b)5.

[Amended 11-20-2012 by Ord. No. 1925-12]

[1] Editor's Note: P.L. 1979, c. 233, was repealed by L. 1991, c. 441, § 24. See now N.J.S.A. 40A:21-1 et seq.

M. The fee for the storage of construction trailers shall be $150 per trailer per year.

N. Waiver of fee for disabled person.

(1) 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 public or private structure or any of the facilities contained therein.

(2) For purposes of this subsection, a "disabled person" shall be as set forth in N.J.S.A. 52:27D-126e, as amended.

§ 107-4 Miscellaneous provisions.

[Amended 3-18-1993 by Ord. No. 1209-93]

A. Demolition requirements.

(1) Prior to undertaking demolition of any structure, a certificate of extermination shall be furnished to the Construction Official from a recognized or acceptable extermination contractor that the structure to be demolished has been rodent and vermin exterminated within one week prior to the demolition of the structure, except that this provision shall be waived in cases where the demolition has been caused by an emergency such as condemnation, fire, earthquake or other acts of God.

(2) Prior to issuance of a demolition permit, the structure owner or demolition contractor must submit to the Construction Official a certificate from all public utility companies that the services supplied by them have been disconnected and their meters or any other equipment supplied by the utility companies has been removed from the premises.

(3) It is the responsibility for an inspection to certify that the sanitary sewer line at the curb has been disconnected and sealed before commencing with the demolition.

(4) The demolition contractor is responsible for having a determination made as to the presence of asbestos in the building. If the building is asbestos free, an affidavit to that effect is to be filed with the application for a demolition permit. In all other cases the demolition contractor must show how the asbestos problem will be addressed and must provide copies of all documentation concerning removal and disposal to the Construction Official before a permit will be issued. Should unforeseen asbestos be found during the course of demolition the contractor is to cease work immediately until the asbestos removal and disposal have been satisfactorily addressed.

B. Mechanical Code.

(1) All contractors whose work is subject to the provisions of the Mechanical Code shall be licensed by the City of Passaic. The annual fee for such license shall be $50.

(2) Prior to the issuance of any license, the applicant must submit to the Construction Official a certificate of liability insurance in the amount of not less than $25,000, which certificate shall list the Division of Code Enforcement, City Hall, 330 Passaic Street, Passaic, New Jersey 07055, as the agency to be notified in the event such insurance is canceled. In the alternative, the applicant may submit a surety bond in a form approved by the City Attorney, which bond shall be in the amount of not less than $25,000. The applicant must also provide documentation of having a minimum of five years business experience in the covered trade or trades.

(3) A single-family homeowner doing work upon the one-family house in which he resides shall require a special permit before undertaking any work which is regulated by the Mechanical Code. The fee for such permit shall be $25, and no more than one such special permit shall be required in any twelve-month period.

(4) Work regulated by the license or permit hereinabove described shall include heating, air-conditioning, ventilation, refrigeration and all high- and low-pressure vessels.

C. Contractors registration.

(1) Licensed entities.

(a) The following entities engaged in any form of construction, repair or installation work within the City of Passaic shall be licensed:

[1] Every person, partnership, firm or corporation engaged in nonresidential construction, erecting, altering, restoring, reroofing, residing, moving, or demolition of the whole or any part of nonresidential buildings or structures or engaged in the construction and/or installation of nonresidential swimming pools or engaged in the business of erecting or altering nonresidential signs, for any of which a permit is required.

[Amended 4-12-2007 by Ord. No. 1717-07]

[2] Every person, partnership, firm or corporation engaged in the business of radio repair or television repair or the repair of any other electronic equipment, including such equipment installed in cars, trucks or other vehicles.

[3] Every person, partnership, firm or corporation engaged in the business of air-conditioning or refrigeration installation or repair.

(b) None of the foregoing shall require the registration by the owner or occupant of any building or structure who intends to do or supervise his own work on said building or structure.

(2) Classes of registration. There shall be the following classes for registration:

(a) General contractor. A contractor who is proficient in the construction of a building or structure from start to finish and the alterations to, additions to or repair of any building or structure. This class of contractor shall be equipped to handle such work either by and through his/her own organization or appropriate subcontractors and, in the latter event, must be completely responsible for the subcontractor's work.

(b) Contractor. One who is proficient in the construction of a building or structure from start to finish and the alteration of, addition to or repair of any building or structure and who is equipped to handle such work by and through his/her own work or own organization of employees.

(c) Roofing and siding contractor. A contractor who is proficient in or engaged in the business of applying of roofing and siding materials to existing or new buildings or structures.

(d) Demolition contractor. A contractor who is proficient in or engaged in the business of the demolishing of any building or structure in whole or in part.

(e) Moving contractor. A contractor who is proficient in or engaged in the moving of any building or structure.

(f) Swimming pool contractor. A contractor who is proficient in or engaged in the installation of swimming pools, their equipment and appurtenances.

(g) Sign or billboard contractor. A contractor who is proficient in or engaged in the erection, alteration or maintenance of signs or billboards.

(h) Miscellaneous contractor. A contractor who is proficient in work of special character as determined by the Construction Official.

(3) Application for registration. Applications for reregistration of contractors and repairmen shall be submitted to the Construction Official on forms supplied by the City and shall include the name or corporate or firm name and address of the contractor and, in the case of a firm, corporation or partnership, the name and address of the principal(s) of such firm, corporation or partnership, the number of years the individual or firm has been in business at the current address and at any prior locations, including the address of such prior locations, if any. The applicant shall indicate on the application in which class or classes as set forth in Subsection C(2) above he/she wishes to be registered.

(4) Fees. The fee for initial registration as a contractor in the City of Passaic shall be $50. The annual renewal fee, due on February 1 each year, shall be $25. The fee for reinstatement of a license following revocation shall be $25, which shall be in addition to any renewal fee for the current year.

(5) Insurance. Prior to the issuance or renewal of any contractor license, the applicant must submit to the Construction Official a certificate of liability insurance in the minimum amount of $25,000, which certificate shall list the Division of Code Enforcement, City Hall, 330 Passaic Street, Passaic, New Jersey 07055, as the agency to be notified in the event that such insurance is canceled.

(6) Notice of violation; revocation of registration.

(a) If any person, partnership, firm or corporation registered hereunder shall fail in the execution of any work for which a permit is required or shall fail to do any work as promised or shall fail to comply with applicable ordinances and regulations of the City, the Construction Official shall serve notice of such violation by certified and regular mail and shall set forth the nature of the violation, the remedial action required and a reasonable time for compliance.

(b) If the registeree fails to correct the violation within that time set forth in the notice of violation and extensions which may be granted, the Construction Official shall revoke the registration of the person, partnership, firm or corporation and cause notice of such revocation to be posted on the bulletin board used for the posting of official notices of the City.

(c) Any person, firm, partnership or corporation who or which has suffered revocation of registration may appeal such revocation to the Construction Board of Appeals.

(d) Any person, partnership, firm or corporation whose registration has been revoked may reregister upon filing with the Construction Official a certification by the appropriate subcode official or the licensing officer to the effect that all violations have been abated and upon payment of the requisite fee.

D. Reports to Council. Pursuant to N.J.A.C. 5:23-4.17(b), on or before August 10 of each year the Construction Official shall, with the advice of the subcode officials and in consultation with the Municipal Finance Officer, prepare and submit to the City Council a report detailing the receipts and expenditures of the enforcing agency and indicating recommendations for a fee schedule based on the operating expense of the agency.

E. Sign license; fees.

(1) Fees.

(a) Any preexisting sign projecting beyond the building line shall be subject to an annual license fee of $1 per square foot of such sign.

(b) Any other sign, billboard or other advertising device attached to or erected upon a building shall be subject to an annual license fee of $0.30 per square foot of such sign.

(c) Any sign, billboard or other advertising device erected upon the ground shall be subject to an annual license fee of $0.20 per square foot of such sign.

(d) The minimum fee for any sign in Subsection E(1)(a) (b) or (c) shall be $40.

[Amended 12-3-2001 by Ord. No. 1531-01]

(2) Any person, partnership, firm or corporation who or which owns, leases, maintains or erects a sign or signs in the City of Passaic for hire, lease or rent, either upon or attached to a building or upon public or private ground property, shall obtain from the Division of Code Enforcement a license therefor upon payment of an annual fee on or before February 1 of each year. The annual fee for such license shall be $500.

[Amended 12-3-2001 by Ord. No. 1531-01]

§ 107-5 Notice required prior to the use of cranes.

[Added 8-2-2016 by Ord. No. 2060-16[1]]

A. As used in this section, the term "crane" shall be defined in accordance with N.J.S.A. 45:26-1 through 45:26-17 (Licensure of Crane Operators Act), hereafter referred to as the Crane Operator Licensure Act, and the 1926 OSHA Crane and Derricks in Construction, also known as OSHA Subpart CC.

B. Any person intending to use a construction crane within the City of Passaic shall give written notice of such intent to the City Engineer and to the owner of each adjoining lot, building or structure at least seven days prior to the commencement of such use. Such written notice shall include:

(1) The dates and times when such cranes shall be used and the names, addresses and telephone numbers of the persons responsible for the safety of such crane;

(2) A copy of the crane operator's license and medical examiner's certificate in compliance with the Licensure of Crane Operator's Act;

(3) Certification of crane operator (CCO);

(4) A copy of the crane owner's liability insurance;

(5) The most current inspection report for the crane.

C. The owner or the owner's legal agents or the building in which the crane is located or used shall be responsible for the care, maintenance and safe operation of the equipment after its installation and acceptance by such owner or agents. The owner's legal agent shall make or cause to be made all periodic tests and inspections in order to maintain such equipment in a safe operating condition.

D. The person installing any such equipment shall make all acceptable tests and shall be responsible for the care and safety of such equipment during its construction and until temporarily or finally accepted by the building owner or the owner's legal agent.

E. The owner of the building shall immediately notify the City Engineer of every accident causing personal injury or damage to property involving a construction crane covered by this chapter and shall afford the municipal official every facility for investigating such accident. When an accident involves the failure, breakage, damage or destruction of any part of the apparatus, it shall be unlawful to use such device until after an examination by the City Engineer is made and approval of the equipment for continued use is granted. It shall be the duty of the City Engineer to make a prompt examination into the cause of the accident and to enter a full and complete report thereof in the records of the City Engineer. Such records shall be open for public inspection during regular business hours.

[1] Editor's Note: Former § 107-5, Surcharge fee, as amended; § 107-6, Fire limits; and § 107-7, Sign license; fees, as amended, were repealed 3-18-1993 by Ord. No. 1209-93.

§ 107-6 Safe operation of cranes.

[Added 8-2-2016 by Ord. No. 2060-16]

A. Mobile cranes, tower cranes and derricks used in construction, demolition and excavation operations and any and all cranes defined in N.J.S.A. 45:26-1 et seq. and 1926 OSHA, Crane and Derricks in Construction, shall be so constructed, placed and operated as to be stable. No component or part of any such crane or derrick shall be stressed beyond its rated capacity as determined by the manufacturer or builder.

B. Every crane shall be thoroughly inspected by a competent designated employee or authorized agent of the owner or lessee of such mobile crane, tower crane or derrick at intervals not exceeding one month. Such inspection shall include but not be limited to all blocks, shackles, sheaves, wire rope, connectors, and various devices on the master boom, controls and breaking mechanisms.

C. A written, dated and signed record of each such inspection shall be completed by the competent designated employee or authorized agent who made the inspection. The most recent record of such inspection shall be posted inside the cab of such crane and shall be filed with the Office of the City Engineer. Attached to such record of inspection shall be a written designation naming the competent employee or authorized agent. Such attached designation shall be signed by the owner or lessee of such.

D. Every crane shall be inspected before being erected or operated for the first time on any job.

E. Adjustments and repairs to cranes shall be made only by competent designated persons.

§ 107-7 Unsafe cranes.

[Added 8-2-2016 by Ord. No. 2060-16]

A. Any crane which is or hereafter becomes unsafe or otherwise dangerous to human life or public safety, or which involves inadequate maintenance, shall be deemed in unsafe condition by the City Engineer. All unsafe cranes shall be taken down or removed or made safe, as the City Engineer deems necessary and as provided for in this section.

B. The City Engineer shall cause a report to be filed on an unsafe crane. The report shall state the nature of the unsafe condition.

C. If an unsafe condition is found, the City Engineer shall serve on the owner, agent or person in control of the crane a written notice that describes the condition being unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition. Such notice shall require the person thus notified to declare immediately to the City Engineer exceptions or rejection of the terms of the order.

D. Such order shall be deemed properly served if a copy is delivered to the owner personally, or sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested. If a certified or registered letter is returned showing that the letter has not been delivered, a copy shall be posed in a conspicuous place in or on the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the crane shall constitute service of notice upon the owner.

E. The equipment determined to be unsafe by the City Engineer may be restored to a safe condition. To the extent that repairs, alterations or additions are made during restoration of such equipment, such repairs, alterations or additions shall comply with all applicable codes.

F. Any person who refuses or neglects to comply with the requirements of an order to abate an unsafe condition shall be subject to a fine or imprisonment in accordance with Section 125.

§ 107-8 Effective date; promulgation of rules.

[Amended 7-11-1985 by Ord. No. 865-85]

This chapter shall take effect January 1, 1977. The Construction Official shall promulgate rules for the administration of the Uniform Construction Code Enforcing Agency and the Uniform Construction Code Act. Rules promulgated as herein provided shall have the same force and effect as to the provisions of the Uniform Construction Code Act. Any rule may be amended or repealed by the same procedure prescribed for the adoption for new rules. The Construction Official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, of fees collected and of notices or orders issued. He shall retain on file copies of required plans and of all documents related to the construction work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to the public for inspection for good and sufficient reasons at office hours observed by the municipality and shall not be removed from the Division of Code Enforcement.

§ 107-9 Cooperation of other officials.

The Construction Code Official may request and shall receive, as may be necessary in the discharge of his duties, the assistance and cooperation of all other officials of the municipality.

§ 107-10 Waiver of liability.

The Construction Official and any official charged with the enforcement of the Uniform Construction Code Act acting in good faith and without malice for the City for the discharge of their duties shall not thereby render themselves personally liable and are hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or by reason of any act or omission in the discharge of their duties, and any suit brought against the Construction Official or the subcode officials because of such act or omission performed by them in the enforcement of any provision of this code shall be defended by the Legal Department of the City of Passaic or such other legal counsel as may be designated by the City of Passaic until final determination of the proceedings. All costs and expenses of such suit shall be borne by the City of Passaic. If in proceedings by the Construction Code Official and the subcode officials in the enforcement of the Uniform Construction Code Act and in the pursuit of their duties it is necessary for the Construction Code Official or subcode officials to institute proceedings in any court or before some appropriate administrative agency, said officials shall be represented by the Legal Department of the City of Passaic and all costs and expenses of such proceedings shall be borne by the City of Passaic.

§ 107-11 New materials or modes of construction.

For the purpose of securing for the public interest the benefits of new development in the building industry and yet ensuring public safety, the Construction Official shall make or cause to be made investigations or may accept duly authenticated reports from recognized sources for new materials or modes of construction intended for use in the construction of buildings or structures in the City of Passaic which are not provided for in the Uniform Construction Code Act and shall promulgate rules setting forth the conditions under which such material, equipment, systems or methods of construction may be used.

§ 107-12 Violations and penalties.

Any person, firm or corporation, including an officer, director or employee of a corporation, who or which shall violate any provision of this chapter shall be subject to a penalty as provided in Article 14, Section C, of the New Jersey Uniform Construction Code Act.[1]

[1] Editor's Note: See N.J.S.A. 52:27D-138.