Borough of Spotswood, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Sec. 14-1 of the 1969 Revised General Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No. 278, as amended through 9/94). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Division of Inspections — See Ch. 2, § 2-66.
Schedule of fees — See Ch. 91, Art. I.
Fire prevention — See Ch. 98.
Flood damage prevention — See Ch. 101.
Land development — See Ch. 120.
Mobile home parks — See Ch. 134.

§ 72-1 Enforcing agency established; qualifications; office location.

A. 
Established; composition. There is hereby established in the Borough a State Uniform Construction Code enforcing agency to be known as the Division of Inspections, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire 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. 
Official positions; qualifications. 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, N.J.S.A. 52:27D-119 et seq., 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, N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23 to hold each such position.
C. 
Office 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.

§ 72-2 Adoption of standards by reference.

[Added 11-16-1998 by Ord. No. 1998-564]
A. 
Adoption of standards. That certain code known and designated as the "State Uniform Construction Code," P.L. 1975, c. 217, as amended from time to time, is hereby adopted as the Construction and Building Code of the Borough of Spotswood, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the aforesaid documents are hereby adopted and made a part hereof, as if fully set out in this chapter, except where contrary to any additions, insertions, deletions, amendments and changes made by this or any prior or subsequent ordinance.
B. 
Copies on file as public record. Three copies of the Construction and Building Code adopted by this chapter, with any additions, insertions, deletions and amendments clearly marked, have been placed on file in the office of the Borough Clerk and shall remain on file in such office for use and examination by the public.
C. 
Adoption of subcodes by reference. The Borough of Spotswood, to further implement the necessary function of providing the State of New Jersey with a Uniform Construction Code, adopts, in accordance with the regulations of the Department of Community Affairs, the following codes hereafter referred to as the "State Uniform Construction Code":
(1) 
The Building Code of the Building Officials and Code Administrators International, Inc., known as "BOCA Basic Building Code/1975," as amended or supplemented from time to time.
(2) 
The Electrical Code of the National Fire Protection Association known as the "National Electrical Code/1975," as amended or supplemented from time to time.
(3) 
The Plumbing Code of the National Association of Plumbing-Heating-Cooling Contractors known as the "National Standard Plumbing Code/1975," as amended or supplemented from time to time.

§ 72-3 Construction Board of Appeals.

A. 
Established; composition. 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 qualify 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:
(1) 
At least three years' experience in construction, design or supervision as a licensed engineer or registered architect.
(2) 
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.
(3) 
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. 
Appointment; term. The Mayor shall appoint the Board members and any alternative members. 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.
C. 
Alternates. The Mayor 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.
D. 
Prohibition. 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.
E. 
Compensation. Members of the Board and alternate members of the Board shall serve without compensation.

§ 72-4 Fees.

A. 
Construction permit. The fee for a construction permit shall be the sum of the subcode fees listed in Subsections A(1) through (3) hereof and shall be paid before the permit is issued:
(1) 
Building subcode. The building subcode fee shall be as set forth in § 91-5 of Chapter 91, Fees.
(2) 
Plumbing subcode. The plumbing subcode fee shall be as set forth in § 91-5 of Chapter 91, Fees.
(3) 
Electrical subcode. The electrical subcode fee shall be as set forth in § 91-5 of Chapter 91, Fees.
B. 
Plan review. The fee for plan review shall be as set forth in § 91-5 of Chapter 91, Fees.
C. 
Demolition of building. The fee for a permit for demolition of a building or structure shall be as set forth in § 91-5 of Chapter 91, Fees.
D. 
Removal of building. The fee for a permit for removal of a building or structure from one lot to another or to a new location on the same lot shall be as set forth in § 91-5 of Chapter 91, Fees.
E. 
Sign construction. The fee for a permit to construct a sign shall be as set forth in § 91-5 of Chapter 91, Fees.
F. 
Certificates of occupancy. The fee for a certificate of occupancy shall be as set forth in § 91-5 of Chapter 91, Fees.
G. 
Elevator installation. The fee for a permit for the installation of an elevator shall be as set forth in § 91-5 of Chapter 91, Fees.

§ 72-5 Fee schedule 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 operating expenses of the agency, and any other expenses of the Borough 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.

§ 72-6 State surcharge fee for new construction.

A. 
Remittance to state. 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 § 91-5 of Chapter 91, Fees. Such 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.
B. 
Annual report. 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.