Borough of Florham Park, NJ Chapter 103 Construction Codes, Uniform

[HISTORY: Adopted by the Borough Council of the Borough of Florham Park 12-16-1997 by Ord. No. 16-97.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Moving of buildings — See Ch. 90.

Unfit buildings — See Ch. 94.

Firesafety — See Ch. 134.

Sewers — See Ch. 193.

Signs — See Ch. 199.

Swimming pools — See Ch. 216.

Water — See Ch. 244.

Zoning — See Ch. 250.

Sewage disposal systems — See Ch. 269.

Water supply systems — See Ch. 278.

[1] Editor's Note: This ordinance also repealed former Ch. 103, Construction Codes, Uniform, adopted 1-18-1977 by Ord. No. 1-77, as amended.

§ 103-1 Adoption of standards.

The State Uniform Construction Act, N.J.S.A. 52:27D-119 et seq., is hereby adopted, including all powers and authority granted therein to the Borough. Also specifically adopted are the regulations known as the Regulations for the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., as from time to time amended, promulgated by the Commissioner of the Department of Community Affairs, pursuant to P.L. 1975, c. 217, as amended.[1]

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

§ 103-2 Enforcing agency.

A. Establishment; composition; chief administrator.

(1) There is established in the Borough a Uniform Construction Code Enforcing Agency, known as the "Borough of Florham Park Uniform Construction Code Enforcing Agency," 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 State Department of Community Affairs shall hereafter adopt as part of the State Uniform Construction Code,[1] and such other assistants and/or inspectors, as may be necessary, to be appointed by the Borough Council.

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

(2) The Construction Official shall be the chief administrator of the Enforcing Agency.

B. Qualifications. Each official position created herein shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[2] and N.J.A.C. 5:23-5.1 et seq., 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. 5:23-4.5A. More than one such official position may be held by the same person, provided that such person is qualified to hold each such position pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23-5.7, but only one person can be appointed to the position.

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

C. Central 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, which office shall be located in the Municipal Building at 111 Ridgedale Avenue, Borough of Florham Park, County of Morris, State of New Jersey.

§ 103-3 Board of Appeals.

There shall be a Construction Board of Appeals, which shall consist of five members. Board members shall be appointed for terms of four years, or as specified by the Department of Community Affairs (DCA).

A. Appointments; terms; removal. The Mayor and the Borough Council shall appoint the Board members and any alternate members so desired. For the members first appointed, the Borough Council 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 terms 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 (N.J.A.C. 5:23A-1.3). Members may be removed by the authority appointing them for cause.

B. Selections; qualifications of members. No more than two members of the Board shall be selected from the same profession or business. At least one of the members shall be either a registered architect or licensed professional engineer with building construction experience, or other person as qualified as a building subcode official (N.J.A.C. 5:23A-1.3). At least one member of the Board shall be as qualified as a plumbing subcode official and one as qualified as an electrical subcode official. At least one regular member shall be as qualified as a fire protection subcode official; and at least one regular member shall be certified as a fire official (N.J.A.C. 5:23A-1.3).

C. Agency employees; municipal and county employees. No employee of any Local Enforcing Agency may serve on the Board of Appeals exercising appeals jurisdiction over such Enforcing Agency. Other municipal and county employees may serve on such Board, provided that they be disqualified from consideration of matters affecting municipal- or county-owned or leased structures.

D. Experience; training. Each member shall be qualified by experience or training to perform his duties as a member of the Board, which shall be no less than that which is required of a construction or subcode official.

E. Chairperson. The governing body shall designate one of the members to serve as Chairperson.

F. Alternate members. At least five alternate members of the Board of Appeals shall be appointed in the same manner as the regular Board, with staggered terms and different areas of expertise as set forth in Subsections A and B above. When a regular member of the Board is absent, the alternate in the same qualification category shall serve in the regular member's place, unless that alternate is unavailable. If the alternate is unavailable, the Chairperson of the Board shall determine which alternate member shall vote in the place of the absent member. Alternate members shall have the right to participate in all Board deliberations but shall not vote unless serving in the place of a regular member. [See N.J.A.C. 5:23-1.3(d).]

G. Conflict of interests. A member of the Board shall not pass on any question in which he is engaged as contractor or material dealer or in which he has been involved in the preparation of plans or specifications or in which he has any personal or professional interest.

H. Compensation. The members and alternates of the Board shall serve without compensation.

§ 103-4 Fees.

[Amended 7-21-1998 by Ord. No. 13-98; 3-18-2003 by Ord. No. 3-03; 12-16-2003 by Ord. No. 21-03; 5-20-2008 by Ord. No. 08-18; 5-17-2012 by Ord. No. 12-10; 10-22-2015 by Ord. No. 15-22]

A. The permit fees for the portion of the work involving the building subcode shall be based on the following as presented in Exhibit 1.[1]

[1] Editor's Note: Exhibit 1 is included as an attachment to this chapter.

B. The permit fees for the portion of the work involving the plumbing subcode shall be based on the following as presented in Exhibit 1.[2]

[2] Editor's Note: Exhibit 1 is included as an attachment to this chapter.

C. The permit fees for the portion of the work involving the electrical subcode shall be based on the following as presented in Exhibit 1.[3]

[3] Editor's Note: Exhibit 1 is included as an attachment to this chapter.

D. The permit fees for the portion of the work involving the fire subcode shall be based on the following as presented in Exhibit 1.[4]

[4] Editor's Note: Exhibit 1 is included as an attachment to this chapter.

E. The elevator subcode fees are based on the fees established by the New Jersey Department of Community Affairs listed in N.J.A.C. 5:23. All permits and inspections requests are handled by the New Jersey Department of Community Affairs Elevator Safety Unit.[5]

[5] Editor's Note: Former Subsection F, regarding private, on-site inspection and plan review agencies, and Subsection G, regarding certain fees, which immediately followed this subsection, were repealed 9-15-2022 by Ord. No. 22-14.

F. The permit fees for the portion of the work involving the Mechanical Subcode shall be based on the following as presented in Exhibit 1.[6]

[Added 9-15-2022 by Ord. No. 22-14]

[6] Editor's Note: Said exhibit is included as an attachment to this chapter.

§ 103-5 Reports; surcharge fees.

A. Annual report; preparation and submission; contents. The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and the Council annually 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] The fee schedule must be submitted to the Borough Clerk by December 1 of each year.

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

B. 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 construction fees, a surcharge fee in accordance with N.J.A.C 5:23-4.19.

[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. 52:27-119 et seq.).

§ 103-6 Compensation of construction and subcode officials.

[Added 7-21-1998 by Ord. No. 13-98]

The compensation of the Construction Official and the subcode officials will be set by the Borough Council by ordinance, resolution or third-party contract.