[[1]HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 5-8-2023 by Ord. No. 2023-08[2]3-29-2019 by L.L. No. 3-2019. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 245 but was renumbered to maintain the alphabetical order of the Code.
[2]
Note: This ordinance adopts by reference, and in full, the regulations set forth in N.J.A.C. 5:23-4.3 as if fully set forth herein.
There is hereby established in the City of Bordentown 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 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. The Construction Official is also charged with the responsibility for the administration and enforcement of all rules, regulations and codes not adopted by the Commissioner of the Department of Community Affairs, State of New Jersey, as part of the State Uniform Construction Code but which are adopted by the City Commissioners by ordinance or which apply to the City by law, whether or not adopted by the City Commissioners. The aforementioned officials and officers shall be appointed by the City Commissioners as provided for by law.
The Division of Inspections, as the enforcing agency, subject to the direction and supervision of the Director of Public Safety and Affairs, shall administer and enforce the subcodes adopted by the Commissioner of the New Jersey State Department of Community Affairs and any other laws or ordinance provisions committed and entrusted to the Division or its officials. As provided by law and administrative regulations of the New Jersey Department of Community Affairs, the Uniform Construction Code, which includes the subcodes adopted by the Division, shall govern the construction of buildings and the issuance of permits with respect thereto.
Each official position created in § 141-1 of this section shall be filled by a person qualified for such position pursuant to the 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 the P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position. The public shall have the right to do business with the Division of Inspections at one office location, except for emergencies and unforeseen or unavoidable circumstances.
[1]
Note: See N.J.S.A. 52:27D-119 et seq.
A Zoning Officer shall be appointed, and Deputy Zoning Officers may be appointed pursuant to the Administrative Code and applicable law. He shall be charged with the administration and enforcement of the Zoning Ordinance[1] and the property maintenance codes and shall have all the powers, functions and duties prescribed by general law and ordinance.
[1]
Note: See Ch. 300, Zoning.
No permit shall be issued by the Construction Official or any subcode official unless the property owner complies with the provisions of Chapter 51, Land Use Procedures, of the Code of the City of Bordentown nor shall any Zoning Officer issue any zoning permit unless the property owner submits the proof required to be submitted when applying for a permit pursuant to the Uniform Construction Code. Zoning permits may be revoked pursuant to Chapter 51, Land Use Procedures, of the Code of the City of Bordentown; construction permits may be revoked pursuant to N.J.A.C. 5:23.
Fifteen days' prior to the issuance of a construction permit for construction of a primary structure or dwelling, there must be filed with the Construction Official a certificate of an exterminator satisfactory to the Construction Official that the property is free and clear of rodents.
A. 
General. The Board of Commissioners hereby establishes fees for construction permits as set forth in Chapter 37, Fees and Licenses, of this Code, which fees shall be the sum of the subcode fees listed in Chapter 37, and the Board of Commissioners hereby declares that the fee for a construction permit shall be paid before the permit is issued.
B. 
Biannual report. The Construction Official shall, with the advice of the subcode officials, biannually prepare and submit to the Board of Commissioners a report recommending a fee schedule based on the operating expenses of the agency and any other expense of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.[1]
[1]
Note: See N.J.S.A. 52:27D-119 et seq.
C. 
Surcharge fee.
(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 37, Fees and Licenses, of this Code. 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) 
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. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.
All appeals from decisions concerning N.J.A.C. 5:23 by the Division shall be heard by the Burlington County Board of Appeals, located at the County Office Building, 49 Rancocas Road, Mount Holly, New Jersey.
Nothing herein shall prevent the City of Bordentown from lawfully entering into and/or establishing other organizational structures for the administration and enforcement of the Uniform Construction Code and any adopted subcode as permitted by N.J.A.C. 5:23-4.6, N.J.A.C. 5:23-4.9, and/or N.J.A.C. 5:23-4.12.