Borough of New Providence, NJ Chapter 129 CONSTRUCTION CODES, UNIFORM

[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence 12-27-1976 as Ord. No. 76-12 (Ch. 6, Art. I, of the 1973 Code of Ordinances). Section 129-3A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fees and licenses — See Ch. 147.

Fire prevention — See Ch. 155.

Property maintenance — See Ch. 207.

Streets and sidewalks — See Ch. 225.

Housing rehabilitation — See Ch. 285.

§ 129-1 Enforcing agency designated.

A. There is hereby established in the Borough of New Providence a State Uniform Construction Code enforcing agency to be known as the "New Providence Building Department," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and 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.

B. Qualifications. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[1] 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.

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

C. Location of office. 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. Said location shall be at the office of the Construction Official, New Providence Building Department, 29 Park Place, New Providence, New Jersey 07974.

§ 129-2 Appeals.

Appeals from the decisions of the enforcing agency shall be to the Union County Construction Board of Appeals in the manner provided by law.

§ 129-3 Fees.

A. The fee for a construction permit shall be the sum of the subcode fees and shall be paid before the permit is issued.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and 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 State Uniform Construction Code Act.[2]

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

C. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act[3] and the regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of $0.0006 per cubic foot of volume of new construction. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, said fee shall be collected and remitted for the third and fourth quarters only.

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

D. The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.

§ 129-4 Fire limits.

A. The following fire limits are established pursuant to N.J.A.C. 5:23: All portions of the borough included within the several zones denominated as "business zones" and "industrial zones" presently upon the Zoning Map of the Borough of New Providence[1] or which may be so designated upon such Map at any time in the future.

[1] Editor's Note: The Zoning Map is included at the end of Ch. 310, Zoning.

B. The Construction Official shall prepare and submit to the Mayor and Borough Council, biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.