Borough of Harrington Park, NJ Chapter 131 Construction Codes, Uniform

[HISTORY: Adopted by the Mayor and Council of the Borough of Harrington Park 12-20-1976 by Ord. No. 288 (Ch. 9A of the 1967 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Numbering of buildings — See Ch. 112.

Certificates of continued occupancy — See Ch. 118.

Fire prevention — See Ch. 173.

Flood damage prevention — See Ch. 179.

Property maintenance — See Ch. 248.

Stormwater management — See Ch. 291.

Article I Enforcing Agency; Fees

§ 131-1 Enforcing agency established; subcode officials designated.

A. Establishment. There is hereby established, pursuant to N.J.S.A. 52:27D-119 et seq., in the Borough of Harrington Park, a State Uniform Construction Code enforcement agency to be known as the "Construction Department," consisting of the following officials:

(1) Construction Code Official, who shall be the chief administrator of the Construction Department.

(2) Building Subcode Official.

(3) Plumbing Subcode Official.

(4) Electrical Subcode Official.

(5) Fire Protection Subcode Official.

(6) Property Maintenance Code Enforcement Official.[1]

[1] Editor's Note: Added at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).

B. Qualification of officials.

(1) Each official position created by Subsection A shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and the regulations adopted thereunder, as amended,[2] provided that, in lieu of the appointment of any subcode official, the Mayor and Council of the Borough of Harrington Park may retain by contract a qualified on-site inspection agency pursuant to said regulations.

[2] Editor's Note: "The regulations" refers to the regulations established by the Commissioner of the Department of Community Affairs.

(2) More than one official position created by Subsection A may be held by the same person, provided that such person is qualified for each such position pursuant to N.J.S.A. 52:27D-119 et seq. and the regulations adopted thereunder.

C. Appointment. Except as may hereafter be provided, the Construction Code Official and the various subcode officials shall be appointed by the Mayor and Council of the Borough of Harrington Park. The Construction Code Official and each such subcode official shall be appointed for a term of four years. Nothing herein shall be deemed to constitute the granting of tenure to any such official appointed; however, for any official appointed who shall be under tenure at that time, such tenure shall continue, and for any such official appointed who shall subsequently gain tenure under any other ordinance or statute, such tenure shall continue.

D. Removal. The Mayor and Council of the Borough of Harrington Park may remove any such appointed official for cause after written notice of intention to remove, after a hearing has been given to such official and after a hearing before the Mayor and Council has been held.

E. Personnel. The Mayor and Council of the Borough of Harrington Park shall by resolution hire personnel or transfer personnel, either on a full- or part-time basis, for the purpose of the administration of the Uniform Construction Code and the regulations in connection therewith or shall by resolution authorize the Construction Code Official to so hire or transfer personnel.

F. Responsibility.

(1) In the event that any subcode official or any administrative personnel hired or transferred on a full- or part-time basis is an employee of, holds any other office or position in or is employed by the Borough of Harrington Park, such personnel shall, for purposes of the Uniform Construction Code and its enforcement, be subject to the procedures and policies of the Construction Department and shall be primarily responsible to the Construction Code Official.

(2) Irrespective of any dispersal of personnel as mentioned above, the public shall have the right, unless in the case of emergencies or unforeseen or unavoidable circumstances, to do business with respect to the Uniform Construction Code at one location in the Borough of Harrington Park.

G. Rules and regulations. The Construction Code Official is hereby authorized to promulgate such written rules and regulations governing the Construction Department and its officials and employees as may be necessary to establish and provide day-to-day office procedure, provided that such rules and regulations do not conflict with and are in accordance with the Uniform Construction Code and the regulations in connection therewith. No such rules and regulations or amendments thereto shall become effective until approved by resolution of the Mayor and Council.

§ 131-2 Fee schedule. [1] [2]

The current fee schedule is available at the office of the Borough Clerk and on the Borough's website at harringtonparknj.gov.

[1] Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).

[2] Editor's Note: Ordinance No. 673, adopted 6-19-2012, provided as follows: "Section 131-2 of Chapter 131 of the Code of the Borough of Harrington Park is hereby deleted in its entirety and is hereby superseded by the fee schedule annexed hereto."

§ 131-3 Fire limits. [1]

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

[1] Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).

Article II Elevator Inspections

[Added 11-20-1978 by Ord. No. 302]

§ 131-4 Establishment of position of Elevator Inspector.

There is hereby created and established in the office of the Construction Code Official the position of Elevator Inspector for the Borough of Harrington Park.

§ 131-5 Qualifications of Elevator Inspector.

[Amended 4-18-2011 by Ord. No. 658]

The qualifications of the Elevator Inspector shall be as established by the Construction Code Official until such time as licensing requirements are adopted pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23-5.5.

§ 131-6 Inspections and certifications by Elevator Inspector.

All elevators within the Borough of Harrington Park shall be inspected and certified in conformity with the regulations and requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-3.4. Such inspections and certifications shall be conducted by the Elevator Inspector under direction of the office of the Construction Code Official.

§ 131-7 Inspections by other than Elevator Inspector.

In lieu of the inspections set forth in § 131-6, a certification by an authorized elevator company or responsible and liable insurance company providing liability coverage for such elevator, conforming to the requirements of § 131-6, may be accepted by the Construction Code Official.

§ 131-8 Inspections pursuant to malfunction.

[Amended 4-18-2011 by Ord. No. 658]

Any inspection requiring immediate attention by the office of the Construction Code Official or his qualified and authorized Elevator Inspector due to malfunction of the elevator or improper service shall result in an additional charge as per the fee schedule in § 131-2 of this chapter.

§ 131-9 Fees to be liens on property.

All fees and charges set forth herein shall be liens against the property in question.