City of Hoboken, NJ Construction Codes, Uniform

There is hereby established in Hoboken a State Uniform Construction Code Enforcing Agency to be known as "Uniform Construction Code Agency," consisting of a Construction Official, Building Subcode Official, Assistant Building Subcode Official, Plumbing Subcode Official, Assistant Plumbing Subcode Official, Electrical Subcode Official, Assistant Electrical Subcode Official, Fire Protection Subcode Official, Assistant 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.

[Amended 5-20-1981 by Ord. No. C-191]

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,[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,[2] 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.

[2]

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 or unavoidable circumstances.

§ 86-2 Construction Board of Appeals.

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. Each member of the Board shall be qualified by experience or training to perform the duties of members of the Construction Board of Appeals, as more specifically determined in guidelines promulgated by the Commissioner of the Department of Community Affairs.[1]

[1]

Editor's Note: See N.J.S.A. 52:27D-127.

The Mayor shall appoint the Board members and any alternate members with the approval of the City Council. For the members 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. 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 member may be a member of the enforcing agency, the decisions of which are subject to review of the Board.

The regular and alternate members of the Board of Appeals shall serve without compensation.

§ 86-3 Schedule of fees; surcharge.

[Amended 2-6-1991 by Ord. No. P-130; 2-6-1991 by Ord. No. P-131]

Building subcode fees.

(1)

The building subcode fees shall be:

(a)

For new construction:

[Amended 4-21-2010 by Ord. No. Z-34; 4-20-2011 by Ord. No. Z-101]

[1]

Use Groups 3 and 6: $0.034 per cubic foot; minimum of $75.

[2]

Use Groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1 and S-2: $0.019 per cubic foot; minimum of $75.

[3]

Farms and farm buildings under N.J.A.C. 5:23-3.2(d): $0.0010 per cubic foot; minimum of $25 and maximum of $1,443.

(b)

For renovations, alterations and repairs: $16 per $1,000 of estimated cost of work, provided that the minimum fee shall be $50.

[Amended 4-21-2010 by Ord. No. Z-34]

(c)

For additions: $0.20 per cubic foot of a building or structure volume for the added portion, provided that the minimum fee shall be $50.

[Amended 4-21-2010 by Ord. No. Z-34]

(d)

For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions.

(2)

Demolition.

(a)

The fee for a permit for demolition of a building or structure shall be $100 or $0.008 times the cubic content, whichever is greater.

[Amended 4-21-2010 by Ord. No. Z-34]

(b)

The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $75, plus cost of foundation to be computed as an alteration fee for new foundations and for placement in a completed condition in the new location, provided that the minimum fee shall be $50.

(3)

Signs.

[Amended 4-21-2010 by Ord. No. Z-34]

(a)

The fee for a permit to construct a sign (roof sign considered alteration) shall be:

[1]

Two dollars and fifty cents per square foot for up to 100.

[2]

One dollar and ninety cents per square feet for next 400.

[3]

One dollar and twenty-five cents thereafter.

(b)

In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.

(4)

Plan review. The fee for plan review shall be 20% of the amount to be charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.

(5)

(Reserved)

(6)

Certificate of occupancy.

[Amended 4-21-2010 by Ord. No. Z-34]

(a)

The fee for a certificate of continued occupancy shall be $75 or 15% times the cubic content, whichever is greater.

(b)

The fee for a certificate of occupancy granted pursuant to a change of use shall be $75 or 15% times the cubic content, whichever is greater.

(c)

The fee for a new certificate of occupancy shall be $75 or 15% of the cost of the permit, whichever is greater.

(d)

The fee for a temporary certificate of occupancy shall be $50 or 10% of the cost of the permit, whichever is greater.

(7)

Certificate of approval.

[Added 6-6-2018 by Ord. No. B-34]

(a)

The fee for a certificate of approval shall be $50.

Electrical Fee Schedule. Electrical fees shall be as follows:

[Amended 4-21-2010 by Ord. No. Z-34; 8-5-2015 by Ord. No. Z-363]

Device		Fee
Minimum fee		$50
Fixtures
Receptacles
	Total 1 to 25 devices	$50
	Each additional 25 devices	$25
Electric range		$15
Oven		$15
20A circuits		$15
Surface units		$15
Dishwasher		$15
Garbage disposal		$15
Dryer, apartment unit		$15
Air conditioner, window unit (for other units, refer to motor schedule)		$15
Communication points
Burglar alarms
Intercom panels
Smoke detectors
Pull stations
Bells
E.M. lights
Exit lights
	1 to 15 devices	$40
	Each additional	$2
Pool bonding
Pool filter motor
Pool lights		$69
Water heater		$25
Central heat (gas, oil or electric)		$30
Central air-conditioning units		$20
Baseboard heat units		$15
Thermostats		$10
Heat pumps		$20
Motor control center/subpanels
	First 100 amperes	$30
	Each additional 100 amperes	$10
	Other	$30
Annual fee for swimming pool, spa or hot tub		$50
Signs		$20
Light standard		$20
Motors, fractional horsepower up to 1		$15
Motors over 1 horsepower to 5 horsepower		$20
Each additional 5 horsepower		$5
Transformers
	Not over 200 kilovolt-amperes	$50
	Over 200 to 500 kilovolt-amperes	$75
	Over 500 kilovolt-amperes	$100
Generators
	Up to 50 kilowatts	$65
	Each additional 50 kilowatts	$20
Service entrance
	Up to 200 A.	$65
	Each additional 100 A.	$10
	First 5 meters incl.
	Each additional meter	$5

Plumbing Fee Schedule. Plumbing fees shall be as follows:

[Amended 4-21-2010 by Ord. No. Z-34; 8-5-2015 by Ord. No. Z-363]

Device		Fee
Minimum fee		$50
Water closet		$15
Urinal/bidet		$15
Bathtub		$15
Lavatory		$15
Shower		$15
Kitchen sink or janitor sink		$15
3 piece bathroom and repipe		$45
2 piece powder room and repipe		$30
Floor drains		$15
Drinking fountain		$15
Dishwasher		$15
Washing machine		$15
Gas dryer		$15
Kitchen range		$15
Garbage disposal		$15
Hose bib		$15
Water heater
Up to 50 gallons		$25
Above 50 gallons		$30
HTG boiler/furnace, water, steam, air
	To 200,000 Btu's	$70
	Over 200,000 Btu's	$90
Combination hot water and heating unit (genisus)		$90
Sump pump		$30
Sewerage ejector pump		$60
Interceptor: grease, sand, etc.		$90
Backflow preventer		$15
	With test ports	$90
Sewer tap-in		$90
House drain		$50
Vertical stacks		$20
Gas line
	To 2 inches	$20
	Over 2 inches	$30
Water service
	To 2 inches	$75
	Over 2 inches	$120
Water main (building interior)		$20
Water risers		$20
Repipe: water only		$30
Repipe: water/waste		$50
Manhole		$90
Others		$40
Fireplace		$45
Whirlpool tub		$45
Refrigeration units		$65
Other refrigerator water/ice maker		$15
Commercial appliances		$40

Fire Subcode Schedule of Fees.

(1)

Sprinkler systems, based on number of sprinklers. Fees shall be as follows:

	Sprinkler System Part	Fee
	1 to 20 heads	$82
	21 to 100 heads	$151
	101 to 200 heads	$289
	201 to 1,000 heads	$748
	Standpipe fee (per riser)	$50
	Halon systems	$100
	Dry chemical system (restaurant), flat rate	$75
	Carbon dioxide system, flat rate	$75
	Minimum permit	$50

(2)

The fire protection subcode fee shall be:

[Amended 4-21-2010 by Ord. No. Z-34; 5-17-2017 by Ord. No. Z-491]

(a)

For the installation of aboveground and below-ground storage tanks for Class I, II and III flammable and combustible liquids:

	Capacity (gallons)	Fee
	Up to 1,000	$50
	1,001 to 5,000	$75
	5,001 to 10,000	$100
	10,001 or more	$125

(b)

For the installation of oil-fired heating units:

[1]

Residential (initial installation of burner):

	Type of Home	Fee
	1- and 2-family	$50
	3-family or more	$50
	Additional burners from same tank	$20

[2]

Commercial (initial installation of burner):

	Type of Commercial Activity	Fee
	Stores and offices	$50
	Light industrial	$50
	Space heaters (other than central heating), each heater	$25
	Maximum installation fee	$100

[3]

Heavy industrial (initial installation of burner):

	Type of Industry	Fee
	Central heating and/or processing	$100
	Space heaters, each burner	$50
	Maximum installation fee	$100

(3)

Smoke detectors: $29.

[Added 4-21-2010 by Ord. No. Z-34]

(a)

1 to 12 smoke detectors: $45.

(b)

Every additional detector: $15.

Elevator Inspection Fees:

Witnessing acceptance test, 1 to 10 floors		$306
	Over 10 floors	$510
Hydraulic elevators		$272
Roped hydraulic elevators		$306
Escalators and moving walks		$272
Stairway chairlifts and manlifts		$68
Wheelchair lifts, inclined and vertical		$68
Elevators equipped with oil buffers		$54/buffer
Counterweight governor and safeties		$136
Auxiliary power generator		$102
Annual inspection and witnessing of tests
Traction and winding drum, 1 to 10 floors		$272
	Over 10 floors	$326
Hydraulic elevators		$204
Roped hydraulic elevators		$272
Escalators and moving walks		$436
Dumbwaiters		$108
Stairway chairlifts and manlifts		$164
Wheelchair lifts, inclined and vertical		$164
Oil buffers		$54 buffer
Counterweight governor and safeties		$108
Auxiliary power generator		$68
3 and 5 year test/inspection
Traction and winding drum 1 to 10 floors, 5 year		$462
	Over 10 floors, 5 year	$582
Hydraulic and roped hydraulic elevators
	3 year	$340
	5 year	$204
	Plan review	$328

Biannual report. The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and 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.[1]

[1]

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

Surcharge fees.

(1)

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 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.

[2]

Editor's Note: "The regulations" refers to the regulations promulgated by the Commissioner of the Department 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.).

(2)

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 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.

Waivers and exclusions of fees.

[Added 4-18-2012 by Ord. No. Z-170]

(1)

All private nonprofit entities having as one of their purposes the development of single-room occupancy housing, certified in writing by the Director of the Department of Housing, Economic Development and Commerce as affordable to low- and moderate-income individuals and families according to the definitions and affordability controls contained in the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and in the regulations of the Council on Affordable Housing, N.J.A.C. 5:91 and 5:92, specifically Subchapter 12 of N.J.A.C. 5:92, shall only pay the surcharges listed in § 86-3G(1) and the fee as provided in § 86-3 for any construction permit or certificate of occupancy required for the development and/or each certified affordable residential dwelling unit.

(2)

Any entity to which this subsection is applicable which paid fees between January 1, 2012, and the effective date of this subsection which were in excess of those required in this subsection shall have the excess fees reimbursed upon written request.

(3)

Pursuant to N.J.S.A. 52:27D-126e, there shall be no fee for construction permits for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by the disabled to public or private structures or any facilities contained therein.

(4)

All municipal fees delineated herein shall be waived for public school construction projects (pursuant to N.J.S.A. 52:27D-130) and charter school (grades K-12) projects, except for the plan review fee, DCA fee, and any other fee which may not legally be waived.

[Added 12-20-2023 by Ord. No. B-633]

§ 86-4 Fire limits.

The following fire limits are established pursuant to N.J.A.C. 5:23: all zones as set forth on the Zoning Map and described in the Zoning Ordinance in the City of Hoboken, adopted on the 5th day of July, 1967, and the subsequent amendments thereof.[1]

[1]

Editor's Note: See Ch. 196, Zoning.

The Construction Official shall prepare and submit to the Mayor and 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 the reasons therefor.

§ 86-5 Violations and penalties.

Penalties for violations of this chapter shall be in accordance with the provisions of P.L. 1975, c. 217, § 20 (N.J.S.A. 52:27D-138.).

§ 86-6 Tenant regulations.

[Added 6-6-2018 by Ord. No. B-34]

This section shall only apply to permits that are issued pursuant to § 86-3A(1)(b), (c), and (d) and A(2) and require a tenant to temporarily relocate during the course of construction or when an owner-landlord seeks to demolish a building in which a tenant resides.

Prior to any permit being issued, the owner-landlord of the building must advise the tenant of any and all rights that may be affected as a result of the permit being issued, in writing, delivered by hand delivery with proof of personal service; by certified mail, return receipt requested; or by any other mail service where proof of delivery is provided. This notice shall include but is not limited to the following:

[Amended 7-11-2018 by Ord. No. B-51]

(1)

The owner-landlord must advise the tenant if he/she may be temporarily displaced as a result of the construction and/or demolition permit being issued.

(2)

The owner-landlord must advise the tenant when he/she will be able to return to his/her building unit once the construction on an existing building is completed, and the owner-landlord must notify the City of the return date.

(3)

The owner-landlord must advise the tenant that the tenant can only be evicted in accordance with the provisions of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1, which only provides for eviction in the case of demolition and/or renovation in accordance with the procedures set forth in N.J.S.A. 2A:18-61.1g, and that demolition or renovation outside of the process delineated in N.J.S.A. 2A:18-61.1g does not in itself provide grounds for eviction.

(4)

The owner-landlord must advise the tenant if he/she is eligible for relocation assistance.

(5)

The owner-landlord must advise the tenant of the right to ask for comparable housing.

(6)

The owner-landlord must advise the tenant of the right to an attorney.

(7)

The owner-landlord must provide the tenant with the contact information for the Relocation Support Program, which is as follows: Department of Community Affairs, P.O. Box 802, Trenton, New Jersey 08625.

(8)

The owner-landlord must advise the tenant that he/she may be eligible for protected tenancy under N.J.S.A. 2A:18-61.40 if the building is being converted to a condominium or cooperative.

(9)

Nothing in this section shall be construed to limit the owner-landlord's obligation to comply with all relevant federal, state and local regulations.

None of the aforementioned permits will be issued unless the owner-landlord provides the Construction Official or his designee with an executed certification that fully details the manner in which the tenant was advised of his or her rights and shall include but is not limited to: attaching proof of service in accordance with one of the approved delivery methods delineated above; a copy of the notice; the date the notice was provided; and a statement describing each right that was conveyed to the tenant.

[Amended 7-11-2018 by Ord. No. B-51]