[HISTORY: Adopted by the City Council of the City of Somers Point
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-21-1989 by Ord. No. 19-1989]
A.
There is hereby established in the City of Somers Point
a State Uniform Construction Code enforcing agency to be known as the "Department
of Inspections," consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Electric 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.[1] The Construction Official shall be the chief administrator of
the enforcing agency.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
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, as amended,[2] 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 P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position. 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.
[2]
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
or unavoidable circumstances. The location of said office shall be in the
City of Somers Point Municipal Building located at Shore Road and New Jersey
Avenue.
Appeals from decisions of the enforcing agency shall be heard under
the rules and regulations established by the County Construction Board of
Appeals.
[Amended 9-13-1990 by Ord. No. 14-1990; 12-13-1990
by Ord. No. 20-1990; 6-26-1997 by Ord.
No. 12-1997; 12-10-1998 by Ord. No. 11-1998; 4-22-1999
by Ord. No. 8-1999; 12-23-1999 by Ord.
No. 22-1999]
A.
Fees for plan review, construction permits, certificates
of occupancy, demolition permits, moving of building permits, elevator permits
and sign permits shall be paid before a permit is issued and shall be the
sum of the applicable fees.
B.
The City Council shall, by resolution, enact and from
time to time may amend standardized fees for the following:
(2)
The fee for plan review.
(3)
The fee for demolition of a building or structure.
(4)
The fee for a permit to move a building or structure
from one lot to another or to relocate the building or stricture on the same
lot.
(5)
The fee to construct a sign.
(6)
The fee for inspection of elevators.
(7)
The fee for certificates of occupancy.
(8)
The fee for bulkheads.
(9)
The fee for pilings.
(10)
The fee for concrete work.
(11)
The fee for fences.
(12)
The fee for the annual inspection for the electrical
certificate of compliance verifying all wiring in or around the pool pump
and associated electrical equipment is safe and meets the requirements of
the applicable electrical subcode for a swimming pool, spa or hot tub on any
property other than one- or two-family residential property.
(13)
The fee for a uniform construction code permit update.
(14)
The fee for reinstatement of a lapsed permit.
C.
The Construction Official shall, at the advice of the
subcode official or officials, annually prepare and submit to the Mayor and
City Council 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.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
D.
In order to provide for the training, certification and
technical support programs required by the Uniform Construction Code Act and
the regulations,[2] the enforcing agency shall collect, in addition to the fees specified
above, a surcharge fee that shall be remitted to the Bureau of Housing Inspection,
Department of Community Affairs, on a quarterly basis for the fiscal quarter
ending March 31, June 30, September 30 and December 31, and not later than
one-month next succeeding the end of the quarter for which it was due. In
the fiscal year in which the regulations first became 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 the fiscal year to the
Bureau of Housing, and not later than July 31, the total amount of the surcharge
fee collected in the fiscal year. In the year the regulations became effective,
said report shall be for the third and fourth quarters only.
[2]
Editor's Note: "The regulations" refers to the regulations promulgated
by the Commissioner of Community Affairs of the State of New Jersey pursuant
to the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.).
E.
In accordance with N.J.S.A. 52:27D-126e, 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 therein. Additionally, 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.
[Added 12-23-1999 by Ord. No. 22-1999]
The Construction Official shall prepare and submit to the Mayor and
Council a report reevaluating the delineations of the fire limits every two
years. This report shall indicate the recommendations of the Construction
Official, the Building Subcode Official and the Fire Subcode Official regarding
those areas which shall be designated as within fire limits, with the reasons
therefor.
[Added 3-14-1991 by Ord. No. 6-1991]
It shall be unlawful to use or permit the use, in any manner whatsoever,
of any building or premises or part thereof hereafter created, located, erected,
changed, converted or enlarged, wholly or partly, until a certificate of use
or occupancy has been issued by the Construction Official. Such a certificate
shall be issued only on final inspection by the Construction Official and
after approval by the Electrical and Plumbing Subcode Officials and with the
approval of both. Final inspections are made only on the request of the owner
or his agent.
[Adopted 12-13-1990 as Ord. No. 22-1990]
No demolition permit shall be issued by the Construction Official of
the City of Somers Point or by his designated representative, until the applicant
has fully complied with the following requirements:
A.
The applicant shall complete the appropriate permit application form and shall pay such fees as are designated in § 100-3 of the Somers Point City Code.
B.
The applicant shall also supply the Construction Official
and/or his designated representative with the following written documentation
contemporaneous with the completion of the permit application form:
(1)
A certificate of insurance issued by an insurance company
duly licensed in the State of New Jersey. The certificate of insurance must
provide liability insurance for the demolition project in an amount of not
less than $500,000. The City of Somers Point shall be listed as an additional
insured on the certificate.
(2)
A certificate from a reputable pest extermination company,
duly licensed in the State of New Jersey, that the premises have been properly
exterminated and treated preparatory to the demolition process.
(3)
Written proof in the form to be supplied by the office
of the Construction Official of the City of Somers Point giving notification
to owners and/or occupants of all adjacent properties as to the pending demolition.
Notification shall be sent to the owners and/or occupants of the adjacent
properties by certified mail, return receipt requested, and the certified
return mail receipt shall be provided to the office of the Construction Official.
If written notification sent by certified mail is returned unclaimed, service
of the written notification shall be made by regular mail, and the applicant
shall provide a written affidavit showing the return of the unclaimed certified
mail and mailing of the form by regular mail.
(4)
Written proof from all utility companies providing services
to the subject property that all utilities have been properly terminated and
disconnected.
(5)
A written statement, on a form to be supplied by the
office of the Construction Official, that the owner of the premises to be
demolished, as well as the applicant, agrees to indemnify and hold harmless
the City of Somers Point, its agents, servants and employees from any and
all claims for death, personal injury, property damage or damage of any type
which arises and emanates from the demolition process.
A.
In addition to any other requirements imposed by the
Uniform Construction Code, the person, firm or entity performing the demolition
shall keep the demolished premises sufficiently wet during all stages of demolition
so as to keep dust exposure to a minimum.
B.
After the building or structure has been demolished,
the applicant and/or demolition company shall remove all footings and shall
ensure that the property is properly graded and cleaned.
All demolition permits shall be effective for a period not to exceed
30 days from the date of issuance.
A.
The provisions of this Article shall be enforced by the
Construction Official of the City of Somers Point and/or by his designated
representative.
B.
Any violation of the provisions of this Article shall
be enforced through the Municipal Court of the City of Somers Point by the
issuance of an appropriate Municipal Court summons against the offending party
which shall be issued by the Construction Official or by his designated representative.
C.
Any person convicted of violating any provision of this
Article shall be subject to the imposition of a fine of not less than $500
nor more than $1,500 for each separate ordinance violation.
D.
Nothing herein shall limit or curtail any remedies that
the City of Somers Point and its Construction Official may exercise pursuant
to equity, common law, state statute and regulations or federal law and regulations.
A.
All provisions of the State Uniform Construction Code
relating to the demolition process are hereby incorporated into this Article
by reference.
B.
Should any conflict or inconsistency arise between the
provisions of this Article and the minimum provisions mandated by the State
Uniform Construction Code, then the more stringent provisions of this Article,
to the extent not prohibited by the State Uniform Construction Code or statute,
shall govern.
