City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 5-23-1977 by Ord. No. 26-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Buildings unfit for human habitation — See Ch. 113.
Fire prevention — See Ch. 146.
Housing standards; property maintenance — See Ch. 159.
Licenses and fees — See Ch. 170.

§ 125-1 Enforcement agency established.

[Amended 2-23-2015 by Ord. No. 7-2015]
The Department of Property Maintenance is hereby designated as a State Uniform Construction Code enforcing agency.

§ 125-2 Designation of officials.

A. 
The Chief Building Inspector is hereby designated as Construction Official.
B. 
The Assistant Chief Building Inspector is hereby designated as Building Subcode Official.
C. 
The Deputy Fire Chief - Fire Prevention Officer is hereby designated as Fire Protection Subcode Official.
[Amended 11-16-1984 by Ord. No. 45-1984]
D. 
The Electrical Inspector is hereby designated as Electrical Subcode Official.
E. 
The Plumbing Inspector is hereby designated as Plumbing Subcode Official.

§ 125-3 Qualifications of officials.

Each official position designated in § 125-2 shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and 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 such position.[1]
[1]
Editor's Note: P.L. 1975, c. 217 is the State Uniform Construction Code Act; see N.J.S.A. 52:27D-119 et seq.

§ 125-4 Hours of business.

The public shall have the right to do business with the enforcing agency at City Hall, except for emergencies and unforeseen or unavoidable circumstances, between 8:30 a.m. and 4:30 p.m., Monday through Friday, legal holidays excepted.

§ 125-5 Appeals.

[Amended 5-14-1984 by Ord. No. 19-1984; 2-23-2015 by Ord. No. 7-2015]
All appeals from the enforcing agency shall be to the Essex County Construction Board of Appeals in accordance with N.J.S.A. 40:55D-53.2a.

§ 125-6 Permit fees.

[Amended 5-14-1984 by Ord. No. 19-1984; 11-16-1984 by Ord. No. 45-1984; 12-23-1985 by Ord. No. 31-1985; 10-12-1993 by Ord. No. 4-1993; 2-22-1999 by Ord. No. 5-1999; 2-23-2015 by Ord. No. 7-2015; 2-23-2015 by Ord. No. 10-2015]
A. 
Department of Community Affairs surcharge fees.
(1) 
In order to provide for the training and certification and technical support programs required by the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., the City shall collect a surcharge fee to be based upon the volume of new construction within the municipality. Said fee shall be accounted for and forwarded to the New Jersey Department of Community Affairs, Division of Codes and Standards, in the manner herein provided.
(2) 
Amount. This surcharge fee shall be in the amount of $0.00334 per cubic foot volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The surcharge fee for all other construction shall be $1.70 per $1,000 of value of construction. The following conditions shall also apply to the surcharge fee:
(a) 
No surcharge fee shall be collected for pre-engineered systems of commercial farm buildings.
(b) 
No surcharge fee shall be collected for permits to perform asbestos abatement or lead abatement.
(c) 
No surcharge fee shall be collected for permits for the construction or rehabilitation of residential units that are to be legally restricted to occupancy by households of low or moderate income, as defined in N.J.A.C. 5:43-1.5.
(d) 
No surcharge fee shall be collected for demolition of buildings or structures.
(e) 
No surcharge fee shall be collected for work consequential to a natural disaster when the local code enforcement agency is waiving its fee.
(f) 
The minimum permit surcharge fee shall be $1.
(3) 
Remitting and reporting. The City shall remit fees to the Department of Community Affairs, Division of Codes and Standards, on a quarterly basis, in conjunction with report number R-840B, State Training Fee Report, in accordance with N.J.A.C. 5:23-4.5(e). Fees remitted shall be for the quarter. Checks shall be made payable to "Treasurer, State of New Jersey."
B. 
Municipal fees.
(1) 
General.
(a) 
The fee for plan review, computed as a percentage of the fee for a construction permit, shall be paid at the time of application for a permit. The amount of this fee shall then be deducted from the amount of the fee due for a construction permit when the permit is issued. Plan review fees are not refundable.
(b) 
The fee to be charged for a construction permit will be the sum of the basic construction fee plus all applicable special fees, such as elevator or sign fees. This fee shall be paid before a permit is issued.
(c) 
The fee to be charged for a certificate of occupancy shall be paid before a certificate is issued. This fee shall be in addition to the construction permit fee.
(2) 
Construction permit fees.
(a) 
The fee for plan review shall be 20% of the amount to be charged for a construction permit.
(b) 
The basic construction permit fee shall be the sum of the parts computed on the basis of the volume or cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and rating of electrical devices, the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates and/or the applicable flat fees as provided herein plus any special fees.
(c) 
Building volume or cost. The fees for new construction or alteration are 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. The new construction fee shall be in the amount of $0.040 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Chapters 3 and 6, respectively, of the state building subcode, except that the fee shall be $0.019 per cubic foot of volume for use groups A-1, A-2, A-3, A-4, and A-5.
[2] 
Fees for renovations, alterations and repairs or site construction associated with pre-engineered systems of premanufactured construction, and the external utility connection for premanufactured construction, shall be based upon the estimated cost of work. The fee shall be in the amount of $30 per $1,000 for the first $100,000, prorated. Above $100,000, the fee on the amount exceeding $100,000 shall be in the amount of $25 per $1,000 of estimated cost, prorated. For the purpose of determining estimated cost, the applicant shall submit to the Department of Community Affairs such cost data as may be available produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The City of East Orange 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 B(2)(c)[2] and [3] above.
[5] 
Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection B(2)(c)[2] and [3] above.
[6] 
The fee for tents, in excess of 900 square feet or more than 30 feet in any dimension, shall be $116.
[7] 
The fee for roofing and siding work completed on structures of Group R-3 or R-5 shall be $150.
[8] 
The fee for an aboveground swimming pool shall be $126 for a pool with a surface area greater than 550 square feet; the fee in all other cases shall be $63. The fee for an in-ground swimming pool shall be $189 for a pool with a surface area greater than 550 square feet; the fee in all other cases shall be $95.
[9] 
Fees for retaining walls shall be as follows:
[a] 
The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $189;
[b] 
The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $95;
[c] 
The fee for a newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the cost of the construction.
(d) 
Plumbing fixtures and equipment. The fees shall be as follows:
[1] 
The fee shall be in the amount of $23 per fixture, minimum $150.
[2] 
The fee shall be $100 per special device for the following: grease traps, oil separators, refrigeration units, utility service connections, backflow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot water boilers, active solar systems, sewer pumps and interceptors.
[3] 
The fee shall be $150 for any gas- or oil-fired appliance connected to the gas piping or oil piping system.
(e) 
Electrical fixtures and devices. The fee shall be as follows:
[1] 
For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $150. For each additional block consisting of up to 25 receptacles, fixtures and devices, the fee shall be $25. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height, including luminaires, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less, including motors or equipment rated less than one horsepower (hp) or one kilowatt (kw).
[2] 
For each motor or electrical device rated from one hp or one kw to 10 hp or 10 kw; for each transformer or generator rated from one kw or one kva to 10 kw or 10 kva; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydro massage bath tub; for each underwater lighting fixture; for household electric cooking equipment rated up to 16 kw; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light standard greater than eight feet in height, including luminaires; and for each communications closet, the fee shall be $75.
[3] 
For each motor or electrical device rated from greater than 10 hp or 10 kw to 50 hp or 50 kw; for each unit of service equipment, panelboard, switchboard, switchgear, motor-control center, or disconnecting means rated 225 amperes or less; for each transformer or generator rated from greater than 10 kw or 10 kva to 45 kw or 45 kva; for each electric sign rated from greater than 20 amperes to 225 amperes, including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $85.
[4] 
For each motor or electrical device rated from greater than 50 hp or 50 kw to 100 hp or 100 kw; for each unit of service equipment, panelboard, switchboard, switchgear, motor-control center or disconnecting means rated from greater than 225 amperes to 1,000 amperes; and for each transformer or generator rated from greater than 45 kw or 45 kva to 112.5 kw or 112.5 kva, the fee shall be $150.
[5] 
For each motor or electrical device rated greater than 100 hp or 100 kw; for each unit of service equipment, panelboard, switchboard, switchgear, motor-control center or disconnecting means rated greater than 1,000 amperes; and for each transformer or generator rated greater than 112.5 kw or 112.5 kva, the fee shall be $625.
[6] 
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $175, which shall include any required bonding and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panelboards and underwater lighting fixtures.
[7] 
The fee charged for the installation of single- and multiple-station smoke or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling shall be a flat fee of $100 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection B(2)(e)[1] and [2] above.
[8] 
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual load side panelboards shall be charged in accordance with Subsection B(2)(e)[3], [4], or [5] above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
[9] 
For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters, and disconnecting means.
[10] 
For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder as follows:
[a] 
For 225 amperes or less, the fee shall be $100;
[b] 
For 226 to 1,000 amperes, the fee shall be $150; and
[c] 
For greater than 1,000 amperes, the fee shall be $650.
[11] 
The fee charged for process equipment shall be based on the ampere rating of the overcurrent device protecting the conductor feeding the process equipment or the cutoff device.
[12] 
For the purpose of computing these fees, all electrical and communications devices, utilization equipment and motors which are part of premises wiring, except those which are portable plug-in type, shall be counted.
[13] 
For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:
[a] 
One to 50 kilowatts: The fee shall be $75;
[b] 
Fifty-one to 100 kilowatts: The fee shall be $150; and
[c] 
Greater than 100 kilowatts: The fee shall be $650.
(f) 
Fire protection and hazardous equipment. For fire protection and hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums, the fee shall be as follows:
[1] 
The fee for 20 or fewer heads shall be $125; for 21 to and including 100 heads, the fee shall be $151; for 101 to and including 200 heads, the fee shall be $300; for 201 to and including 400 heads, the fee shall be $748; for 401 to and including 1,000 heads, the fee shall be $1,036; for over 1,000 heads, the fee shall be $1,323.
[2] 
The fee for one to 12 detectors shall be $65; for each 25 detectors in addition to this, the fee shall be in the amount of $25.
[3] 
The fee for each standpipe shall be $300.
[4] 
The fee for each independent pre-engineered system shall be $175.
[5] 
The fee for each gas- or oil-fired appliance that is not connected to the plumbing system shall be $125.
[6] 
The fee for each kitchen exhaust system shall be $200.
[7] 
The fee for each incinerator shall be $500.
[8] 
The fee for each crematorium shall be $750.
[9] 
For single- and multiple-station smoke or heat detectors and fire alarm systems in any one- or two-family dwellings, there shall be a flat fee of $100 per dwelling unit. For detectors and fire alarm systems in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection B(2)(f)[2] above.
[10] 
The fee for replacement of an existing transmission means as per N.J.A.C. 5:23-2.17A(c)5v, shall be $75.
(3) 
Fees for certificates and other permits.
(a) 
Fees for certificates and other permits are as follows:
[1] 
The fee for a demolition or removal permit shall be $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 dwellings (Group R-3 or R-5 of the building subcode), structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d), and $250 for all other groups.
[2] 
The fee for a permit to construct a sign shall be as follows:
[a] 
Fees for pylon signs shall be $6, per square foot for the first 100 square feet, $4.75 per square foot for the next 400 square feet and $3.50 per square foot thereafter;
[b] 
Fees for ground signs or wall signs shall be $3 per square foot for the first 100 square feet, $2.10 per square foot for the next 400 square feet and $1.40 per square foot thereafter;
[c] 
The minimum fee shall be $100.
[3] 
The fee for a certificate of occupancy shall be $200.
[4] 
The fee for a certificate of occupancy granted pursuant to a change of use group shall be $200.
[5] 
The fee for a certificate of continued occupancy issued under N.J.A.C. 5:23-2.23(c) shall be $200.
[6] 
The fee for the first issuance and the renewal of a temporary certificate of occupancy shall be $39.
[a] 
Exception: There shall be no fee for the first issuance of the temporary certificate of occupancy, provided the certificate of occupancy fee is paid at that time.
[b] 
Exception: Where a written request for a temporary certificate of occupancy is made for reasons other than uncompleted work covered by the permit (such as prior approvals from state or municipal agencies), no renewal fee shall be charged.
[c] 
The fee for plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode shall be $383 for one- and two-family dwellings (Group R-3 or R-5 of the building subcode), and for light commercial structures having the indoor temperature controlled from a single point, and $1,915 for all other structures.
[7] 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $821 for Class 1 structures and $168 for Class 2 and Class 3 structures. The fee for resubmission of an application for a variation shall be $321 for Class 1 structures and $91 for Class 2 and Class 3 structures.
[8] 
The fee for a permit for lead hazard abatement work shall be $196. The fee for a lead abatement clearance certificate shall be $39.
(b) 
For cross-connections and backflow preventers that are subject to annual retesting, the fee shall be $12 for each device.
(c) 
Annual permit requirements are as follows:
[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.
[2] 
Fees for annual permits shall be as follows:
[a] 
One to 25 workers (including foremen): $840 per worker; each additional worker over 25: $292 per worker.
[b] 
Prior to the issuance of the annual permit, a training registration fee of $176 per subcode and a list of not more than three individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Code Services, Education Unit, along with a copy of the construction permit (Form F170). Checks shall be made payable to "Treasurer, State of New Jersey." The Department shall register these individuals and notify them of the courses being offered.
(d) 
The fee for plan review for elevator devices in structures of Group R-3, R-4, or R-5, and for elevator devices wholly within dwelling units in structures of Group R-2, shall be $150 for each device.
(e) 
The fee for plan review for elevator devices in structures of groups other than R-3, R-4, or R-5 and devices in structures of Group R-2 exempted by Subsection B(3)(d) above shall be $300 for each device.
(f) 
The fee for a mechanical inspection in a structure of Group R-3 or R-5 by a mechanic inspector shall be $100 for the first device and $25 for each additional device. No separate fee shall be charged for gas, fuel oil, or water piping connections associated with the mechanical equipment inspected.
(g) 
The fee for the annual electrical inspection of a swimming pool, spa, or hot tub shall be $45. The fee for the annual electrical inspection of each additional swimming pool, spa, or hot tub on a site shall be $30.
(h) 
The fee for an application by a manufacturer, distributor, owner or any other person for approval of any fixture, appurtenance, material or method, pursuant to N.J.A.C. 5:23-3.8, shall an amount equal to the cost incurred, or to be incurred, by the Department of Community Affairs for such tests as the Department may require, plus an administrative surcharge in the amount of 10% of such cost.
(i) 
Hourly charges and fees for development-wide inspection of homes after issuance of certificate of occupancy shall be in such amount as may be reasonable and necessary in order ascertain whether a violation exists or to verify that any work performed has abated the violation.
[1] 
The hourly charge shall be the same as the hourly charge set forth at N.J.A.C. 5:23-4.20(b)(4) times the number of hours spent by the Code Official in determining whether a violation exists verifying that any work performed has abated the violations.
[2] 
A fee of $68 shall be required for each structure containing one or more elevator devices upon change of ownership.
(4) 
Elevator test and inspection fees.
(a) 
The 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:
[a] 
Traction and winding drum elevators:
[i] 
One to 10 floors: $350.
[ii] 
Over 10 floors: $600.
[b] 
Hydraulic elevators: $300.
[c] 
Roped hydraulic elevators: $350.
[d] 
Escalators, moving walks: $300.
[e] 
Dumbwaiters: $68.
[f] 
Stairway chairlifts, inclined and vertical wheelchair lifts and manlifts: $100.
[2] 
Additional charges for devices equipped with the following features shall be as follows:
[a] 
Oil buffers (charge per oil buffer): $75.
[b] 
Counterweight governor and safeties: $150.
[c] 
Auxiliary power generator: $150.
[3] 
The fee for elevator devices in structures of Group R-3, R-4, or R-5 shall be $204. This fee shall be waived when signed statements and supportive 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 2.20.
[4] 
The fee for performing inspections of minor work shall be $100.
(b) 
The City's fees for routine and periodic tests and inspections 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 elevator devices shall be as follows:
[a] 
Traction and winding drum elevators:
[i] 
One to 10 floors: $225.
[ii] 
Over 10 floors: $300.
[b] 
Hydraulic elevators: $175.
[c] 
Roped hydraulic elevators: $240.
[d] 
Escalators, moving walks: $240.
[2] 
The fee for the one-year periodic inspection and witnessing of tests of elevator devices, which shall include a six-month routine inspection, shall be as follows:
[a] 
Traction and winding drum elevators:
[i] 
One to 10 floors: $325.
[ii] 
Over 10 floors: $375.
[b] 
Hydraulic elevators: $235.
[c] 
Roped hydraulic elevators: $285.
[d] 
Escalators, moving walks: $436.
[e] 
Dumbwaiters: $108.
[f] 
Manlifts, stairway chairlifts, inclined and vertical wheelchair lifts: $164.
[3] 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows:
[a] 
Oil buffers (charge per oil buffer): $75.
[b] 
Counterweight governor and safeties: $125.
[c] 
Auxiliary power generator: $90.
[4] 
The fee for the three-year or five-year inspection of elevator devices shall be as follows:
[a] 
Traction and winding drum elevators:
[i] 
One to 10 floors (five-year inspection): $525.
[ii] 
Over 10 floors (five-year inspection): $675.
[b] 
Hydraulic and roped hydraulic elevators:
[i] 
Three-year inspection: $400.
[ii] 
Five-year inspection: $245.

§ 125-7 Fire limits established.

[Amended 5-14-1984 by Ord. No. 19-1984; 2-23-2015 by Ord. No. 7-2015]
The fire limits are established as to all land within the zoning districts as shown on the Zoning Map of the City of East Orange, latest edition.