Borough of Rockaway, NJ Chapter 115 Construction Codes, Uniform

[HISTORY Adopted by the Mayor and Council of the Borough of Rockaway 12-9-1976 by Ord. No. 17-76 (Ch. 9, Art. I, of the 1971 Code of Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Unsafe buildings — See Ch. 109.

Fire prevention and protection — See Ch. 139.

Housing — See Ch. 159.

Land development — See Chs. 169 through 172.

Property maintenance — See Ch. 197.

Sewers — See Ch. 213.

Water — See Ch. 247.

Fees — See Ch. A263.

§ 115-1 Definitions.

[Amended 2-10-1977 by Ord. No. 2-77]

As used in this chapter and the Building Code, the following terms shall have the meanings indicated:

CORPORATE COUNSEL

The attorney for the Borough.

ENFORCING AGENCY

The Building Official and his agents and any and all subcode officials and their agents.[1]

MUNICIPALITY

The Borough of Rockaway.

OWNER

Any person, corporation, partnership or association who holds the legal or beneficial interest to any parcel of land within the Borough limits of the Borough of Rockaway.

[1] Editor's Note: Original Sec. 9-8, entitled "Fire limits established," which immediately followed this section, was deleted 11-14-1991 by Ord. No. 22-91.

§ 115-2 Standards adopted.

A. For the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, there is hereby adopted by the Borough of Rockaway that certain building code known as the "National Building Code" recommended by the American Insurance Association, successor to the National Board of Fire Underwriters, being particularly the 1967 edition thereof as hereinafter modified, amended and supplemented, and save and except such portions of such published code as are hereinafter deleted, of which one copy so marked as to indicate plainly the portions thereof to be adopted is annexed hereto and of which three copies similarly marked have been placed on file in the office of the Borough Clerk at the time of the introduction hereof and will remain on file there until final action is taken on the ordinance for the use and examination of the public, as provided in N.J.S.A. 40:49-5.1.

B. Pursuant to Chapter 217 of the Public Laws of 1975, the New Jersey Department of Community Affairs has been authorized to adopt a statewide building code which will take precedence over any local building code adopted by municipalities within the State of New Jersey. Therefore, upon the adoption of such a statewide building code, known as the "State Uniform Construction Code," all provisions of this section and any other section of this chapter of the Code of the Borough of Rockaway pertaining to the National Building Code shall become inoperative.

§ 115-3 Violations and penalties.

A. Any person or a corporation, including an officer, director or employee of a corporation, who constructs a structure or building in violation of a construction code or permit, fails to comply with an order by the Building Official or his agent, makes a false or misleading statement or omits any required information or statement or omits any required information or statement in any application or request for approval to the Building Official is subject to a penalty of not less than $100 nor more than $2,000 and/or imprisonment for not exceeding 90 days or 90 days' community service.

[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]

B. Anyone who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to this chapter or who unreasonably interferes with such an inspection shall be subject to a fine of not less than $100 nor more than $2,000 and/or imprisonment for not exceeding 90 days or 90 days' community service.

[Amended 2-27-1992 by Ord. No. 2-92; 8-24-2006 by Ord. No. 15-06]

C. With respect to Subsection A of this section, a person shall be guilty of a separate offense for each day that he fails to comply with a stop-construction order validly issued by the Building Official and for each week that he fails to comply with any other order validly issued by the Building Official. With respect to Subsection A of this section, a person shall be guilty of a separate offense for each misleading or false written statement or omission of required information or statement made in any application or request for approval to an enforcement agency of the Department. With respect to Subsection A of this section, a person shall be guilty of a separate offense for each violation of the conditions of the construction permit.

D. The penalties pursuant to this section may be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]). Jurisdiction to enforce such penalties is hereby conferred upon the Judge of the Borough of Rockaway in addition to the Courts specified by N.J.S.A. 2A:58-2.

[1] Editor's Note: N.J.S.A. 2A:58-1 was repealed by Chapter 274, Laws of 1999. See now N.J.S.A. 2A:58-10 et seq.

§ 115-4 Permit required; application; issuance; fees.

[Amended 2-10-1977 by Ord. No. 2-77; 5-24-1984 by Ord. No. 17-84; 11-14-1991 by Ord. No. 22-91]

A. Except as otherwise provided by law or in the code, before construction or alteration of any building or structure, the owner or his agent, engineer or architect should submit an application, in writing, including signed and sealed drawings and specifications, to the enforcing agency. The application shall be in accordance with the regulations established by the Commissioner of Community Affairs, on a form prescribed by the Commissioner and shall be accompanied by payment of the fee established in Subsection D of this section. The application for a construction permit shall be filed with the enforcing agency and shall be of public record; and no application for construction permit shall be removed from the custody of the enforcing agency after a construction permit has been issued. If the Commissioner has not promulgated said forms, the application may be made on such forms as the municipality may provide.

B. The enforcing agency shall examine each application for a construction permit. If the application conforms with the code and the requirements of other applicable laws, regulations and ordinances, the enforcing agency shall approve the application and shall issue a construction permit to the applicant. Every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days. If the application is denied, in whole or in part, the enforcing agency shall set forth the reasons therefor in writing. If an enforcing agency fails to grant, in whole or in part, or deny an application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for the purposes of an appeal to the Construction Board of Appeals, unless such period of time has been extended with the consent of the applicant. Except as otherwise provided by law or the code, the construction or alteration of a building or structure shall not be commenced until a construction permit has been issued.

C. A construction permit issued in accordance with the foregoing provisions, pursuant to which no construction has been undertaken above the foundation walls within one year from the time of issuance, shall expire. The enforcing agency may suspend, revoke or cancel a construction permit in case of neglect or failure to comply with the provisions of the law, of this code or upon a finding by it that a false statement or representation has been made in the application for the construction permit.

D. Fees.

(1) The fee for a construction permit shall be the sum of the subcode fees listed plus all applicable special fees, such as elevator or sign fees. This fee shall be paid before a permit is issued. The fee to be charged for a certificate of occupancy or certificate of approval shall be paid before a certificate is issued. This fee shall be in addition to the construction permit fee.

(a) The building subcode fees shall be as follows:

[1] Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28, as from time to time amended. The new construction fee shall be as provided in Chapter A263, Fees, for buildings and structures, provided that the minimum fee shall be as provided in Chapter A263, Fees; and the fee shall be as provided in Chapter A263, Fees, for structures on farms, including commercial farm buildings, provided that the minimum fee shall be as provided in Chapter A263, Fees, with the maximum fee for such structures on farms to be as provided in Chapter A263, Fees.

[2] Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. The fee shall be as provided in Chapter A263, Fees, provided that the minimum fee shall be as provided in Chapter A263, Fees. For the purpose of determining estimated cost, the applicant shall submit to the Construction Department such cost data as may be available produced by the architect of record or by a recognized estimating firm or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The Construction Official shall make the final decision regarding estimated cost.

[3] Fees for additions shall be computed on the same basis as for new construction for the added portion.

[4] Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection D(1)(a)[2] and [3] above.

[5] The minimum fee for any building subcode permit shall be as provided in Chapter A263, Fees.

(b) The plumbing subcode fees shall be as follows:

[1] The plumbing subcode fees shall be as provided in Chapter A263, Fees, per plumbing fixture or stack and shall include but not be limited to sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, hot-water heaters or similar devices.

[2] The fee shall be as provided in Chapter A263, Fees, per special device for the following: grease traps, oil separators, water-cooled air-conditioning units, refrigeration units, utility service connections, backflow preventers, steam boilers, hot-water boilers, gas piping, gas service entrances, active solar systems, sewer pumps, interceptors and fuel oil piping.

[3] The minimum fee for any plumbing subcode permit shall be as provided in Chapter A263, Fees.

(c) The electrical subcode fees shall be as follows:

[1] For from one to 50 receptacles or fixtures, the fee shall be as provided in Chapter A263, Fees; for each 25 receptacles or fixtures in addition to this, the fee shall be as provided in Chapter A263, Fees; for the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, a convenience receptacle or similar fixture and motors or devices of less than one horsepower or one kilowatt.

[2] For each motor or electrical device greater than one horsepower and less than or equal to 10 horsepower and for transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts, the fees shall be as provided in Chapter A263, Fees.

[3] For each motor or electrical device greater than 10 horsepower and less than or equal to 50 horsepower; for each service panel, service entrance or subpanel less than or equal to 200 amperes; and for all transformers and generators greater than 10 kilowatts and less than or equal to 45 kilowatts, the fee shall be as provided in Chapter A263, Fees.

[4] For each motor or electrical device greater than 50 horsepower and less than or equal to 100 horsepower; for each service panel, service entrance or subpanel greater than 200 amperes and less than or equal to 1,000 amperes; and for transformers and generators greater than 45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall be as provided in Chapter A263, Fees.

[5] For each motor or electrical device greater than 100 horsepower; for each service panel, service entrance or subpanel greater than 1,000 amperes; and for each transformer or generator greater than 112.5 kilowatts, the fee shall be as provided in Chapter A263, Fees.

[6] For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.

[7] The minimum fee for any electrical subcode permit shall be as provided in Chapter A263, Fees.

(d) The fire subcode fees shall be as follows:

[1] New construction, including additions: an amount equal to 10% of the fee charged for the building subcode.

[2] Renovations and alterations: an amount equal to 10% of the fee charged for the building subcode.

[3] Mechanical systems.

[a] The fee for new or replacement heating, ventilating or air-conditioning unit installations in all use groups except use group R-3 (one- and two-family dwellings) shall be as provided in Chapter A263, Fees.

[b] The fee for new or replacement heating, ventilating or air-conditioning unit installations in use group R-3 shall be as provided in Chapter A263, Fees, provided that the total fee for plumbing, building and/or fire codes shall not exceed the fee as provided in Chapter A263, Fees.

[c] The fee for installations of metal or masonry chimneys, wood stoves, coal stoves, fireplaces and other unit heaters shall be as provided in Chapter A263, Fees, per chimney or unit heater.

[d] The fee for the installation of commercial kitchen cooking equipment exhaust systems shall be as provided in Chapter A263, Fees.

[e] The fee for any other mechanical system requested by the fire protection subcode and not specifically listed herein shall be as provided in Chapter A263, Fees.

[4] Fire protection systems.

[a] The fee for automatic sprinkler systems shall be based on the number of heads being installed as provided in Chapter A263, Fees.

[b] The fee for automatic detection systems, manual fire alarm systems and other similar fire protection systems shall be based on the number of detection, control and alarm signaling devices being installed as provided in Chapter A263, Fees.

[c] The fee for automatic dry chemical, wet chemical, carbon dioxide, halon or other similar extinguishing systems shall be as provided in Chapter A263, Fees.

[d] The fee for the installation of a standpipe shall be as provided in Chapter A263, Fees.

[e] The fee for each independent pre-engineered system shall be as provided in Chapter A263, Fees.

[f] The fee for each inspection and issuance of a certificate of compliance with the Smoke Detector Law, N.J.S.A. 52:27D-198.1, shall be as provided in Chapter 263A, Fees.

[Added 9-10-1998 by Ord. No. 11-98]

(e) The mechanical subcode fees shall be as follows:

[Added 8-8-2019 by Ord. No. 13-19]

[1] The mechanical subcode fees shall be as provided in Chapter A263, Fees, per device and shall include but not be limited to water heaters, steam boilers, hot water boilers, hot air furnaces, oil tanks, LPG (liquid propane gas) tanks, fireplace, or generator.

[2] The minimum fee for any mechanical subcode permit shall be as provided in Chapter A263, Fees.

(2) General fees shall be as follows:

(a) Processing fees. There shall be a ten-percent surcharge on any subcode fee processed by a third party agency licensed by the State of New Jersey, provided that the minimum fee for such processing shall be as provided in Chapter A263, Fees.

(b) Plan review fees. 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 total of the fees to be charged for the construction permit.

(c) Demolition fees.

[Amended 8-8-2019 by Ord. No. 13-19]

[1] The fees for the demolition of a building or structure exceeding 5,000 cubic feet shall be as provided in Chapter A263, Fees.

[2] The fees for the demolition of a building or structure of 5,000 cubic feet or less shall be as provided in Chapter A263, Fees.

[3] A cash bond of $500 shall be posted with the Construction Official prior to the issuance of a demolition permit. Said bond may be used by the Borough of Rockaway at its discretion to mitigate all or part of any damages caused by the applicant to any Borough facilities or otherwise.

(d) Removal of building or structure fees. 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 as provided in Chapter A263, Fees, provided that the minimum fee shall be as provided in Chapter A263, Fees.

(e) Sign fees. The fee for the permit to construct or modify a sign shall be as provided in Chapter A263, Fees, provided that the minimum fee shall be as provided in Chapter A263, Fees.

(f) Certificate fees.

[1] The fee for a certificate of occupancy shall be in the amount of 10% of the new construction permit fee which would be charged by the Construction Department pursuant to these regulations. The minimum fee shall be as provided in Chapter A263, Fees, except for one- or two-family (use group R-3 of the building subcode) structures of less than 5,000 square feet in area and less than 30 feet in height and structures on farms, including commercial farm buildings subject to N.J.A.C. 5:23-3.2(d), for which the minimum fee shall be as provided in Chapter A263, Fees.

[2] The fee for a certificate of occupancy granted pursuant to a change of use group shall be as provided in Chapter A263, Fees.

[3] The fee for a certificate of continued occupancy shall be as provided in Chapter A263, Fees.

[4] There shall be no fee for a temporary certificate of occupancy.

[5] There shall be no fee for a certificate of approval certifying that work done under a construction permit has been satisfactorily completed. All permits will require a certificate of approval.

[Amended 8-8-2019 by Ord. No. 13-19]

(g) Fees for ordinary maintenance. Ordinary maintenance as defined in the State Uniform Construction Code can be verified by the Construction Official of the Borough of Rockaway and shall require no fee or permit.

[Amended 8-8-2019 by Ord. No. 13-19]

(h) Fees for ordinary maintenance. Ordinary maintenance as defined in the State Uniform Construction Code can be verified by the Construction Official of the Borough of Rockaway and shall require no fee or permit.

[Amended 8-8-2019 by Ord. No. 13-19]

(i) Swimming pool fees.

[1] The fee for a building permit of an aboveground pool shall be as provided in Chapter A263, Fees.

[2] The fee for a building permit of an in-ground pool shall be as provided in Chapter A263, Fees, provided that the minimum fee shall be as provided in Chapter A263, Fees.

(j) The fee for an application for a variation in accordance with N.J.A.C. 5:23-210 shall be as provided in Chapter A263, Fees, for Class I structures and as provided in Chapter A263, Fees, for Class II and Class III structures. The fee for resubmission of an application for a variation shall be as provided in Chapter A263, Fees, for Class I structures and as provided in Chapter A263, Fees, for Class II and Class III structures.[1]

[1] Editor's Note: Former Subsection D(2)(j), (k), (l) and (p), which followed this subsection and provided for fees to be assessed for elevator inspections, were deleted 9-14-1995 by Ord. No. 11-95, which ordinance also provided for the redesignation of the remaining subsections.

(k) Training and certification fees. 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 as provided in Chapter A263, Fees. Said surcharge shall be remitted to the Department of Community Affairs.

[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.).

(l) The fee for each incinerator shall be as provided in Chapter A263, Fees.

(m) The fee for each crematorium shall be as provided in Chapter A263, Fees.

(n) The fee for the installation or replacement of fuel oil and motor fuel oil tanks shall be as provided in Chapter A263, Fees, for inside tanks.

(o) The fee for the installation of underground storage tanks shall be as provided in Chapter A263, Fees.

(p) The permit fee for taking a tank out of service, altering the piping or otherwise modifying any installation shall be as provided in Chapter A263, Fees.

[1] Notwithstanding the above Schedule of Fees, all third party agency fees and any fees herein omitted from the above Schedule of Fees shall be adjust to conform to the Fee Schedule of the Department of Community Affairs as authorized by the Commissioner of the Department of Community Affairs of the State of New Jersey.

[2] The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Borough of Rockaway Council, every two years following adoption of this chapter, a report recommending a fee schedule based on the operating expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.

§ 115-5 Building Official.

[Amended 2-10-1977 by Ord. No. 277]

A. The office of Building Official (also known as “Construction Officer") is hereby created.

B. Pursuant to the standards created by Chapter 217 of the Public Laws of 1975, State of New Jersey,[1] persons with the following qualifications shall be eligible for appointment to the position of Building Officer:

(1) A licensed engineer or registered architect with at least three years' experience in construction, design or supervision.

(2) An architect or engineer with a bachelor's degree from an accredited institution of higher education with five years' experience in construction, design or supervision.

(3) A journeyman in a trade or a contractor with 10 years' experience in construction, design or supervision.

(4) The Building Official of the Borough appointed prior to the effective date of Chapter 217 of the Laws of 1975 (February 4, 1976) or within one year thereafter, and further provided that said person attain a certification from the Department of Community Affairs to serve in said position within four years of the date of the appointment. Persons meeting the qualifications set forth in Subsections B(1), (2) or (3) must also be certified by the Department of Community Affairs.

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

C. The Building Official shall be appointed by the Mayor with the advice and consent of the Council for a term of four years; provided, however, that tenure shall continue for:

[Amended 11-14-1991 by Ord. No. 22-91]

(1) A Construction Officer who is serving under tenure as otherwise provided by law on the effective date of Chapter 217 of the Laws of 1975 (February 4, 1976)[2] or within one year thereafter; or

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

(2) Any person certified pursuant to Subsection B of this section and who subsequently gains such tenure.

D. The Mayor and Council shall have the authority to appoint a Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Official and other subcode officials deemed necessary by the Mayor and Council or required by law or regulation. Each official position created under this subsection shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217, as amended,[3] 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.

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

§ 115-6 Duties of enforcing agency.

[Amended 2-10-1977 by Ord. No. 2-77]

The enforcing agency or its agent shall periodically inspect all construction undertaken pursuant to a construction permit issued by it to ensure that the construction or alteration is performed in accordance with the terms of the construction permit and consistent with the requirements of the code and any ordinance implementing said code.

§ 115-7 Right of entry.

[Amended 2-10-1977 by Ord. No. 2-77]

A. The owner of any premises upon which a building or structure is being constructed shall be deemed to have consented to the inspection by the enforcing agency or its agent of the entire premises and of any and all construction being performed on it until a certificate of occupancy has been issued. An inspector or a team of inspectors, on presentation of proper credentials, shall have the right to enter and inspect such premises and any and all construction thereon for purposes of ensuring compliance with the provisions of the applicable construction permit, the Building Code and other applicable laws and regulations. All inspections pursuant to this section shall be between the hours of 9:00 a.m. and 5:00 p.m. on business days or when construction is actually being undertaken; provided, however, that inspections may be conducted at other times if the Building Official has reasonable cause to believe that an immediate danger to life, limb or property exists or if permission is given by an owner or his agent, architect, engineer or builder. No person except the owner or his agent shall accompany an inspector or team of inspectors on any inspection pursuant to this section unless his presence is necessary for the enforcement of this section or the code or unless consent is given by an owner or his agent, architect, engineer or builder.

B. If the construction of the structure or building is being undertaken contrary to the provisions of a construction permit, a building code or other applicable laws or ordinances, the Building Official may issue a stop-construction order, in writing, which will state the conditions upon which construction may be resumed and which shall be given to the owner or the holder of the construction permit or to the person performing the construction. If the person doing the construction is not known or cannot be located with a reasonable effort, the notice may be delivered to the person in charge of or apparently in charge of the construction. No person shall continue or cause or allow to be continued the construction of a building or structure in violation of the stop-construction order except with the permission of the Building Official to abate a dangerous condition or to remove a violation or except by court order. If an order to stop construction is not obeyed, the Building Official shall apply to the appropriate court as otherwise established by law for an order enjoining the violation of the stop-construction order. The remedy for the violation of such an order provided in this subsection shall be in addition to and not in limitation of any other remedies provided by law or ordinance.