[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 1-25-1977 by Ord. No. 608-77. Amendments noted where applicable.]
There is hereby established in the Borough of Caldwell a State Uniform Construction Code enforcing agency to be known as the "Department of Building Inspection," 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.
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, 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.
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
The public shall have the right to do business with the enforcing agency at one office location, except for emergencies and unforeseen and 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. 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 one 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 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.
Alternate members; terms of office; compensation.
The Mayor, with the consent and approval of the Borough Council, shall appoint the Board members and any alternate members. For the members first appointed, the Mayor, with the advice and consent of the Borough Council, 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. 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, with the advice and consent of the Borough Council, 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.
Regular or alternate Board members shall receive such compensation, if any, that may be determined from time to time by resolution of the Borough Council.
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Borough 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.
Collection of surcharge; annual report.
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 as set forth in Chapter A270, Fees. Said surcharge shall be remitted to the Bureau of Housing Inspection, Department of Community 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 become effective, said fees shall be collected and remitted for the third and fourth quarters only.
The enforcing agency shall report annually at the end of the 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 reports shall be for the third and fourth quarters only.
Fire limits shall be revised and established pursuant to N.J.A.C. 5:23 on or before July 1, 1977.
The Construction Official shall prepare and submit to the Borough Council biannually a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with reasons therefor.