Township of Readington, NJ Construction Codes, Uniform

There is hereby established in the Township of Readington a State Uniform Construction Code enforcing agency to be known as "Office of Code Enforcement," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection 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 Construction Official shall be the chief administrator of the enforcing agency.

§ 96-2 Qualifications of officials.

Each official position created in § 96-1 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. 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.

§ 96-3 Business to be handled at single location.

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.

§ 96-4 Fees.

The fee for a construction permit shall be paid before the permit is issued. The amount of the fee and the calculation thereof shall be as set from time to time in ordinances adopted by the Township Committee.

[Amended 8-1-1977; 3-6-1978; 8-7-1978; 4-7-1980; 5-17-1982; 10-4-1999 by Ord. No. 20-99]

The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Readington 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. There is hereby established a fee schedule, annexed hereto as Schedule A,[1] for services attributable to the enforcement of the State Uniform Construction Code Act.

[1]

Editor's Note: Schedule A is on file in the office of the Township Clerk.

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 of $0.0006 per cubic foot of volume of new construction. 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. 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.

§ 96-5 Fee waivers; volunteer reward program.

[Added 9-2-1997 by Ord. No. 12-97]

Waiver of fees for project or events contracted for or conducted by the township. Projects or events contracted for or conducted by the township on township-owned property shall not be subject to enforcing agency fees in accordance with N.J.S.A. 52:27D-126a and b and any amendments thereto.

Waiver of fees for nonprofit corporations rehabilitating or constructing housing units. Upon application to the Township Committee, the Committee shall waive enforcing agency fees for any corporation which is determined by the Committee to be organized pursuant to the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1-1 et seq., and actively engaged in constructing or rehabilitating housing units for occupancy by low- or moderate-income households in conformance with N.J.S.A. 52:27D-126d and any amendments thereto.

Waiver of fees for nonprofit organizations. Charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [16 U.S.C. § 501(c) or (d)] shall not be subject to enforcing agency fees for events held on township-owned property, provided that:

(1)

The organization shall make a request to the Township Committee to have the fees waived.

(2)

The organization shall provide proof of its tax-exempt status under Section 501(c) or (d) as a nonprofit organization with its request for the waiver.

The Township Committee wishes to establish a program to reward township emergency service volunteers for their efforts to preserve and protect the health, welfare and property of the township, as well as to encourage volunteerism in the township for emergency services.

[Added 4-3-2000 by Ord. No. 11-2000]

(1)

Applicability. The provisions of this subsection shall apply to any full-time residents of the township who serve as a volunteer in any qualifying volunteer emergency service organization in the township. Such volunteer must be certified to be a member in good standing in his or her respective volunteer emergency service organization.

(2)

Definitions. The following words and phrases shall have the meanings as set forth in this subsection:

MEMBER IN GOOD STANDING

Any current member with at least three years of active emergency service as defined under the Township's Length of Service Awards Program (LOSAP).[1]

VOLUNTEER

Any individual who contributes services to a volunteer emergency service organization without remuneration or without a formal agreement or contract for hire.

VOLUNTEER EMERGENCY SERVICE ORGANIZATION

Any organization within the township which provides emergency response service to the township or any portion thereof, such as the volunteer fire companies and rescue squad.

VOLUNTEER SERVICE

The required percentage of activity, participation or attendance necessary to qualify as a bona fide member of the voluntary emergency service organization.

[1]

Editor's Note: For provisions of the Length of Service Awards Program, see Ch. 21, Art. III.

(3)

Certain fees waived. All municipal fees or charges, except fees or charges for services performed by other than township employees, imposed for the purpose of securing a construction permit for any construction, reconstruction, alteration or improvement of any one- or two-family home owned by and in which a qualifying member in good standing of a volunteer emergency service organization in the township is a full-time resident shall be waived.

Waiver of construction fees for construction to promote accessibility by handicapped persons.

[Added 7-7-2014 by Ord. No. 13-2014]

(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)

A disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his own living unit.

(3)

For the purposes of this subsection, “disabled person” means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of New Jersey who is disabled pursuant to the federal Social Security Act (42 U.S.C. § 416), or the federal Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having a disability of 60% or higher pursuant to any federal law administered by the United States Veterans’ Act. For purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.

§ 96-6 Construction records clearance required (CRC).

[Added 10-15-2012 by Ord. No. 22-2012]

When required.

(1)

A construction records clearance (CRC) shall be required prior to the sale of any residential or commercial structure. In that event, there shall be no change in occupancy of a building or structure, in whole or part, prior to the issuance of a CRC.

(2)

Exceptions. The following transactions are exempt from obtaining a CRC as long as no change in physical occupancy occurs:

(a)

Transfer of title to correct a previously recorded deed.

(b)

Title eligible to be recorded as an ancient deed pursuant to N.J.S.A. 46:16-7.

(c)

Transfer of title between husband and wife/civil union partners, whether or not relating to divorce, or other formal severance, or between former spouses/civil union partners if the transfer is incident to an order or judgment from any court of competent jurisdiction.

(d)

Transfer of title relating to new construction for which a certificate of occupancy is required.

(e)

Transfer of title by or to an executor, administrator or court order which affects a distribution of a decedent's estate in accordance with the provisions of the decedent's will or the interstate laws of the state.

(f)

Transfer of title due to refinancing, home equity loans, second mortgages.

(g)

Transfer of title by or to a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors.

(h)

Transfer between a parent and child.

(i)

Transfer releasing a right of reversion.

(j)

Transfer solely to provide a release or security for a debt or obligation.

Responsibility. No owner shall permit the sale of a residential or commercial premises covered under this section unless the requisite CRC has been issued. No purchaser or new tenant of the purchaser shall occupy any premises covered under this section until the requisite CRC has been issued. Owners and occupants shall be jointly and separately responsible for failure to obtain the requisite CRC required hereunder. The owner or his authorized agent shall submit a written application and payment of fees at least 10 business days prior to the change of ownership and/or occupancy on the form provided by the Township.

Preoccupancy records inspection. Prior to the issuance of any such certificate for any transaction, the enforcing agency shall conduct a records inspection to ensure that there are no open construction permits on subject premises. Should there be open permits on subject premises, all final inspections and prior approvals shall be obtained and appropriate Uniform Construction Code certificates shall be issued prior to issuance of the CRC.

Fees. The applicant shall submit with the application fees for the CRC as follows to cover the administrative cost in accordance with the following schedule:

(1)

One to five business days: $70.

(2)

Six to 12 business days: $40.

Violations and penalties.

(1)

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

(2)

The issuance of a CRC shall not preclude the imposition of penalties upon subsequent discovery of violations.

(3)

Certificates are valid for six months from the date of issue unless a change in occupancy has occurred, and must be renewed for each occupancy change.