[HISTORY: Adopted by the Township Council of the Township of Livingston 11-5-1979 as §§ 8-1 to 8-9 of the 1979 Revised General Ordinances. Amendments noted where applicable.]
[Amended 4-17-2006 by Ord. No. 14-2006]
There is hereby established within the Township a State Uniform Construction Code enforcing agency to be known as the "Municipal Enforcing Agency," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, Elevator 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 § 110-1 hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., 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 N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.
The public shall have the right to do business with the enforcing agency at one office location, except for those occasions involving emergencies and unforeseen or unavoidable circumstances.
The Construction Board of Appeals, heretofore created, is hereby continued.
The Board shall consist of five members and alternate members as hereinafter provided for.
The qualifications for membership to the Board of Appeals are:
At least one member shall be a registered architect or a licensed professional engineer of building construction experience.
At least one member shall be as qualified as a Plumbing Subcode Official.
At least one member shall be as qualified as an Electrical Subcode Official.
No more than two members shall be selected from the same business or profession.
Each member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect, or in the alternative, five years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering from an accredited institution of higher education; or as a further alternative, 10 years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
The Manager shall appoint the Board members and any alternate members to the Board.
For the members first appointed, the Manager shall designate the appointee's terms so that:
At the expiration of such terms and thereafter, all appointments shall be for terms of four years.
The Manager shall appoint such number of alternate members, as may be appropriate, for terms not to exceed four years; or he may, in the alternative, appoint such alternate members on a case-by-case basis.
No regular or alternate Board member may be a member of the enforcing agency, the decisions of which are subject to review by the Board.
No compensation shall be paid to any regular or alternate member of the Board, except that such persons shall be entitled to reimbursement for out-of-pocket expenses that may be incurred in the course of the performance of their duties.
[Amended by Ord. No. 12-1977; Ord. No. 4-1989; Ord. No. 7-1993; Ord. No. 32-1999; Ord. No. 22-2000; 4-17-2006 by Ord. No. 14-2006; 9-15-2008 by Ord. No. 32-2008; 3-23-2009 by Ord. No. 8-2009; 5-3-2010 by Ord. No. 17-2010; 9-7-2010 by Ord. No. 29-2010; 12-21-2015 by Ord. No. 23-2015; 5-23-2016 by Ord. No. 18-2016]
[Amended by Ord. No. 32-1999]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to 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. The report shall be structured in accordance with such guidelines as shall be issued from time to time by the Commissioner of the Department of Community Affairs so as to accurately portray true enforcing agency expenses in general and for structures of different use groups.
Those areas of the Township now zoned and classified by the Zoning Ordinance of the Township of Livingston as B-1 General Business Districts, B-2 Highway Business Districts, I Limited Industrial Districts, R-L Office Building and Research Laboratory Districts, P-B Professional Business Districts and the D-S Designed Shopping Center Districts are hereby established as the fire limits of the Township.