[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 157.
Flood damage prevention — See Ch. 161.
Land development — See Ch. 186.
[Adopted 12-21-1976 by Ord. No. 1070]
There is hereby established in the Borough of Bergenfield a State Uniform Construction Code Enforcing Agency to be known as the "Bergenfield Construction Code Department," 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.
Each official position created in § 136-1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, (N.J.A.C. 52:27D-119 et seq.), as amended and supplemented, and N.J.A.C. 5:23 et seq., provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by 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 above-cited laws and regulations to hold each such position.
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.[1]
[1]
Editor's Note: Original Section 2-30.2, Board of Appeals, was repealed 2-4-1997 by Ord. No. 2208.
[Last amended last 7-7-2009 by Ord. No. 09-2417]
A. 
Minimum fee. The minimum fee for a basic construction permit covering any or all of building, plumbing, electrical, elevator or fire protection work shall be $60 for Use Groups R-3 and R-5. The minimum fee for all other use groups shall be $100 for all other subcodes. All fees shall be rounded to the nearest dollar amount.
B. 
The building subcode fee shall be:
(1) 
For new construction:
(a) 
Fees for new construction shall be based upon the volume of the structure in accordance with N.J.A.C. 5:23-2.28.
[Amended 9-1-2009 by Ord. No. 09-2423]
[1] 
For Use Group R-3: $0.09 per cubic foot of building or structure volume.
[2] 
For all other use groups: $1.00 per cubic foot of building or structure volume.
(b) 
Use group classification shall be according to the building subcode as adopted by N.J.A.C. 5:23-3.
(2) 
For renovation, alteration and repair: Fees shall be based upon the estimated cost of the work.
Estimated Cost
Fee
$1 to $50,000
$25 per $1,000 cost
$50,001 to $100,000
$23 per $1,000 cost
Greater than $100,000
$19 per $1,000 cost
(3) 
For additions: $1.00 per cubic foot of building or structure volume for the added portion for all use groups.
[Amended 9-1-2009 by Ord. No. 09-2423]
(4) 
For combinations of renovations and additions: the sum of the fees computed separately; renovation and addition.
(5) 
For construction of a swimming pool:
(a) 
Above grade: $50.
(b) 
Below grade: $200.
(6) 
For the construction and erection of a fence greater than six feet: $60.
(7) 
Installation or flammable liquid storage tanks:
Gallons
Fee
1 - 550
$100
551 - 1,000
$250
1,001 or more
$500
(8) 
Abandonment of flammable liquid storage tanks (per tank): $100.
(9) 
New or alterations to flammable or combustible liquid tank supply, vent or dispensing piping or dispenser:
(a) 
Piping: $75.
(b) 
Dispenser (each): $50.
(10) 
The plan review fee for the installation or alteration of elevator devices as defined in N.J.A.C. 5:23-1.4.:
[Amended 11-9-2017 by Ord. No. 17-2516]
(a) 
The Borough fees for witnessing acceptance tests and performing inspections on new and altered elevator devices shall be as follows:
[1] 
The basic fees for elevator devices in structures not of Group R-3, R-4 or R-5 or in an exempted structure of Group R-2, shall be as follows:
[a] 
Traction and winding drum elevators:
[i] 
One to 10 floors: $340.
[ii] 
Over 10 floors: $567.
[b] 
Hydraulic elevators: $302.
[c] 
Roped hydraulic elevators: $340.
[d] 
Escalators, moving walks: $302.
[e] 
Dumbwaiters: $76.
[f] 
Stairway chairlifts, inclined and vertical wheelchair lifts and manlifts: $76.
[2] 
Additional charges for devices equipped with the following features shall be as follows:
[a] 
Oil buffers (charge per oil buffer): $60.
[b] 
Counterweight governor and safeties: $151.
[c] 
Auxiliary power generator: $114.
[3] 
The Borough fee for elevator devices and chairlifts and platforms in structures of Group R-3, R-4 or R-5, or otherwise exempt devices in structures of Group R-2, shall be $227.
[4] 
The fee for performing inspection of minor work shall be $76.
(b) 
The Borough fee for required routine and periodic inspections and tests for elevator devices in structures not of Group R-3, R-4 or R-5, or otherwise exempt devices in structures of Group R-2, shall be as follows:
[1] 
The fee for the six-month routine inspection of escalators shall be $211.
[2] 
The fee for the five-year inspection of elevator devices shall be as follows:
[a] 
Traction and winding drum elevators:
[i] 
One to 10 floors (five-year inspection): $513.
[ii] 
Over 10 floors (five-year inspection): $646.
(c) 
When the Borough is the enforcing agency, the fees set forth in Subsection B(10)(b) above shall be paid annually in accordance with the following schedule, which is based on the average of the fees to be collected over a five-year period:
[1] 
Basic annual fee as follows:
[a] 
Traction and winding drum elevators:
[i] 
One to 10 floors: $400.
[ii] 
Over 10 floors: $450.
[b] 
Hydraulic elevators: $350.
[c] 
Roped hydraulic elevators: $375.
[d] 
Moving walks: $695.
[e] 
Dumbwaiters: $120.
[f] 
Stairway chairlifts, inclined and vertical wheelchair lifts, manlifts: $182.
[g] 
Escalators: $695.
[2] 
Additional charges for devices equipped with the following features as follows:
[a] 
Oil buffers (charge per oil buffer): $60.
[b] 
Counterweight governor and safeties: $120.
[c] 
Auxiliary power generator: $76.
(d) 
The fee for any reinspection of an elevator device shall be set at $100 and shall be billed separately from the above fees upon the issuance of a notice of violation necessitating a reinspection.
(11) 
For the construction or alteration of a sign: $3 per square foot of the surface area of the sign.
(12) 
For the demolition or removal of a building or structure: $200 for a structure of less than 5,000 square feet in area and less than 30 feet in height, for one- or two-family residences (Use Group R-3 of the building subcode) and $400 for other use groups.
(13) 
For asbestos removal: per N.J.A.C. 5:23-8.9.
C. 
The plumbing subcode fee shall be:
(1) 
Per fixture or stack for all fixtures except as listed below: $20.
(2) 
For special devices such as grease traps, oil separators, water-cooled air-conditioning units, refrigeration units, utility service connections, sewer pumps, interceptors, gas piping (not in conjunction with an appliance installation), gas service entrances, active solar systems, pool heaters and underground lawn sprinkling system: $80.
(3) 
Sanitary sewer connection or sanitary sewer replacement: $85.
(4) 
Gas heating appliances, including all gas-burning equipment, such as furnaces, space heaters, etc., except residential domestic hot water heaters:
(a) 
Use Group R-3: $80.
(b) 
All other use groups: $85.
(5) 
Oil heating appliances, including all oil-burning equipment:
(a) 
Use Group R-3: $80.
(b) 
All other use groups: $100.
(6) 
Gas clothes dryers (each): $25.
(7) 
Gas ovens or ranges (each): $25.
(8) 
Residential (R-3) hot water heater: $85.
(9) 
Domestic water to well cross connections: $75.
(10) 
Storm drains:
(a) 
Per roof drain: $20.
(b) 
Per storm drain connection: $50.
D. 
The electrical subcode fee shall be as follows:
(1) 
Total number of electrical fixtures and devices (to include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures and motors of devices less than one kilowatt; fractional HP fans and residential garbage disposals):
(a) 
1 through 50: $50.
(b) 
Each additional 25: $8.
(2) 
Each motor:
(a) 
Greater than one horsepower and less than or equal to 10 horsepower: $15.
(b) 
Greater than 10 horsepower and less than or equal to 50 horsepower: $58.
(c) 
Greater than 50 horsepower and less than or equal to 100 horsepower: $120.
(d) 
Greater than 100 horsepower: $576.
(3) 
Each electrical device or transformer or generator:
(a) 
Greater than one kilowatt and less than or equal to 10 kilowatts: $25.
(b) 
Greater than 10 kilowatts and less than or equal to 45 kilowatts: $60.
(c) 
Greater than 45 kilowatts and less than or equal to 112 1/2 kilowatts: $125.
(d) 
Greater than 112 1/2 kilowatts: $576.
(4) 
Each service panel:
(a) 
Less than or equal to 200 amperes: $58.
(b) 
Greater than 200 amperes and less than or equal to 1,000 amperes: $120.
(c) 
Greater than 1,000 amperes: $580.
(5) 
Each service entrance:
(a) 
Less than or equal to 200 amperes: $58.
(b) 
Greater than 200 amperes and less than or equal to 1,000 amperes: $120.
(c) 
Greater than 1,000 amperes: $580.
(6) 
Each subpanel:
(a) 
Less than or equal to 200 amperes: $50.
(b) 
Greater than 200 amperes and less than or equal to 1,000 amperes: $120.
(c) 
Greater than 1,000 amperes: $580.
(7) 
Swimming pools:
(a) 
Bonding (no charge per SE/charge for GFI): $50.
(b) 
Motors (over one HP): $15.
(8) 
For the purpose of computing 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.
E. 
The fire subcode fee shall be as follows:
(1) 
Sprinkler system:
Heads
Fee
1 - 20
$82
21 - 100
$151
101 - 200
$289
201 - 400
$748
401 - 1,000
$1,036
1,001 or more
$1,323
(2) 
Standpipe system, each riser: $289.
(3) 
Preengineered suppression system:
(a) 
Co2 suppression: $120.
(b) 
Halon suppression: $120.
(c) 
Foam suppression: $120.
(d) 
Dry chemical: $120.
(e) 
Wet chemical: $120.
(4) 
Kitchen hood exhaust system: $100.
(5) 
Automatic fire alarm system:
[Amended 9-1-2009 by Ord. No. 09-2423]
Detectors
Fee
1 - 10
$50
11 - 20
$150
21 - 100
$250
101 - 200
$350
201 - 400
$475
401 - 1,000
$600
1,001 or more
$800
(6) 
Heating appliances:
(a) 
Chimney or vent piping (not in conjunction with a heating unit installation): $75.
(b) 
Gas- or oil-fired appliance which is not connected to the plumbing system: $75.
(c) 
Solid-fuel-burning appliance: $75.
(7) 
Incinerator: $565.
(8) 
Crematorium: $565.
F. 
Elevator safety subcode:
[Amended 3-20-2018 by Ord. No. 18-2522]
(1) 
Witnessing acceptance tests and performing inspections:
(a) 
Elevator devices in structures not in Use Group R-3 or R-4:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors: $340.
[b] 
Over 10 floors: $567.
[2] 
Hydraulic elevators: $302.
[3] 
Roped hydraulic elevator: $340.
[4] 
Escalators, moving walks: $302.
[5] 
Dumbwaiters: $76.
[6] 
Stairway chairlifts, inclined and vertical wheelchair lifts and manlifts: $76.
(b) 
Additional charges for devices equipped with the following features:
[1] 
Oil buffers (per oil buffer): $60.
[2] 
Counterweight governor and safeties: $151.
[3] 
Auxiliary power generator: $114.
(c) 
Elevator devices in structures in Use Groups R-3 and R-4: $227. This fee shall be waived when signed statements and supporting inspection and acceptance test reports are filed by an approved qualified agent or agency in accordance with N.J.A.C. 5:23-2.19 and 5:23-2.20.
(d) 
Witnessing acceptance tests of, and performing inspections of, alterations: $76.
(2) 
Routine and periodic tests and inspections for elevator devices in structures not in Use Groups R-3 and R-4:
(a) 
Six-month routine inspection:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors: $340.
[b] 
Over 10 floors: $567.
[2] 
Hydraulic elevators: $302.
[3] 
Roped hydraulic elevators: $340.
[4] 
Escalators, moving walks: $302.
(b) 
One-year periodic inspection and witnessing of tests of elevator devices:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors: $400.
[b] 
Over 10 floors: $450.
[2] 
Hydraulic elevators: $350.
[3] 
Roped hydraulic elevators: $375.
[4] 
Escalators, moving walks: $695.
[5] 
Dumbwaiters: $120.
[6] 
Manlifts, stairway chairlifts, inclined and vertical wheelchair lifts: $182.
(c) 
One-year periodic inspection charges for elevator devices equipped with the following features:
[1] 
Oil buffers (per oil buffer): $60.
[2] 
Counterweight governor and safeties: $120.
[3] 
Auxiliary power generator: $76.
(d) 
Three- or five-year inspection:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors (five-year inspection): $513.
[b] 
Over 10 floors (five-year inspection): $646.
[2] 
Hydraulic and roped hydraulic elevators:
[a] 
Three-year inspection: $340.
[b] 
Five-year inspection: $204.
(e) 
The fee for any reinspection of elevator device shall be set at $100 and shall be billed separately from the above upon issuance of a notice of violation necessitating a reinspection.
G. 
Certificates and other permits.
(1) 
Certificate of occupancy. New construction fee shall be in the amount of 10% of the new construction permit fee that would be charged by the Department. The minimum fee shall be $100, 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 $50.
(2) 
Certificate of continued occupancy:
[Amended 9-1-2009 by Ord. No. 09-2423]
(a) 
Structure: $50.
(b) 
Add each dwelling unit: $40.
(c) 
Tenant space: $50.
(3) 
Certificate of occupancy granted pursuant to a use group change shall be: $200.
(4) 
Certificate of occupancy (asbestos): per N.J.A.C. 5:23-8.9.
(5) 
Certificate of approval/compliance:
(a) 
Periodic inspections.
Without Inspections
With Inspections
High pressure boilers
  (12 months)
$20
$200
Refrigeration system
  (12 months)
$20
$200
Pressure vessels
  (12 months)
$20
$200
[1] 
Hazardous uses and places of assembly (three months): $100.
[2] 
Cross-connections and backflow preventers (three months): $50.
(6) 
Temporary certificate of occupancy: no fee.
(7) 
Application for a variation: $100.
H. 
Plan review. The fee 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. This fee is not refundable.
I. 
Miscellaneous. The fee for a construction permit for any item requiring a construction permit not specifically addressed shall be $100 unless otherwise specifically set by other subcode or municipal ordinance.
J. 
Training fee. In order to provide training, certification and technical support programs required by the Uniform Construction Code Act and the regulations promulgated thereunder, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee as per N.J.A.C. 5:23-4.19(b). Said surcharge fee shall be remitted to the Construction Code Element, Division of Housing and Development, Department of Community Affairs on a regular quarterly basis.
K. 
Annual permits.
(1) 
The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building, fire protection, electrical and plumbing. Fees shall be as follows:
(a) 
One to 25 workers (including foreman): $840 per worker.
(b) 
Each additional worker over 25: $292 per worker.
(2) 
Prior to the issuance of an annual permit, a training registration fee of $176 per subcode shall be submitted by the applicant to the Municipal Construction Official, who shall forward the fee to the Department of Community Affairs, Construction Code Element, Bureau of Technical Services, along with copies of the construction permit (Form 170). Checks shall be made payable to the "Treasurer, State of New Jersey."
L. 
Fee schedule revision. The Construction Official shall, with the advice of the Subcode Officials, prepare and submit to the Borough 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 New Jersey State Uniform Construction Code Act.
M. 
Private on-site inspection and plan review agencies. Private on-site inspection and review agencies under contract shall comply with the regulations and fees pursuant to N.J.A.C. 5:23 et seq.
N. 
Administrative surcharge. A surcharge fee of 15% shall be added to each subcode fee in which plan review and inspections are performed by an on-site agency under contract with the municipality.
The Construction Official shall prepare and submit to the Borough Council, biannually, a report reevaluating the delineation at the fire limits within the Borough. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding these areas which should be designated as within fire limits, with the reasons therefor. Such report and evaluation or reevaluation shall list boundaries at closely built commercial areas as they exist or are developing, and the governing body, by ordinance, may establish such fire limits thereafter.
[Adopted 8-10-1999 by Ord. No. 2241]
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 private home or any of the facilities contained therein. Such home must be the primary residence of a disabled person.
In those circumstances where a new construction or major reconstruction project includes aspects solely to promote accessibility by disabled persons, an appropriate proportioned reduction shall be applied to any charge(s) for construction permit(s) or enforcing agency fee(s).