[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 1-25-1977
by Ord. No. 608-77. Amendments noted where applicable.]
A.
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.
B.
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,[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
C.
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.
A.
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.
B.
Alternate members; terms of office; compensation.
(1)
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.
(2)
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.
(3)
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.
C.
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.
B.
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.
C.
Collection of surcharge; annual report.
(1)
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.[2]
(2)
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.
A.
Fire limits shall be revised and established pursuant
to N.J.A.C. 5:23 on or before July 1, 1977.
B.
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.
