[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne as indicated in article histories. Amendments noted where applicable.]
Article I Enforcement
Article II Extra Duty Inspectors; Expedited Review and Inspection in Certain Instances
[Adopted 12-30-1976 by Ord. No. 1285 (Ch. 84 of the 1989 Code)]
[Amended 9-5-2007 by Ord. No. 1912-07]
There is hereby established in the Borough of Hawthorne a State Uniform Construction Code enforcing agency to be known as the "Hawthorne Building Department," 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 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. The Building Department shall be within the Department of Administration, and the appointment of the officials of the Building Department shall be made by the Mayor.
Each official position created in § 185-1 hereof 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, 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.
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.
Editor's Note: Original § 84-4, Construction Board of Appeals; membership, and § 85-5, Appointment of Board members; terms; alternates; compensation, and § 84-6, Fees; waiver, as amended, which immediately followed this section, were repealed 9-5-2007 by Ord. No. 1912-07. For current fees, see Ch. 220, Fees.
[Added 5-6-1998 by Ord. No. 1697]
The construction permit surcharge or enforcing agency fee for construction to promote accessibility by handicapped to existing structures or facilities therein shall be waived. In addition, a disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his own living unit. The term "disabled person" shall have the meaning set forth in N.J.S.A. 52:27D-126e.
[Adopted 4-5-2006 by Ord. No. 1869-06]
In order to accommodate persons or entities engaged in large-scale construction and development, the owner or developer of such project may request the utilization by the Hawthorne Building Department of extra duty inspectors so as to permit expedited review or inspection of such developments.
As used in this article, the following terms shall have the meanings indicated:
- ADMINISTRATIVE AGENCY
- The Borough of Hawthorne
- The owner or developer of a parcel of land in the Borough of Hawthorne.
- EXTRA DUTY INSPECTOR
- A duly licensed or qualified construction code or subcode official, including but not limited to existing staff or appointees employed beyond the scope of his or her duties, as selected or designated by the Construction Code Official and subject to approval of the Administrator.
The developer of any project or lands in the Borough of Hawthorne may apply for expedited review of all or a portion of its project or development through the utilization of extra duty inspectors.
The Construction Code Official shall determine, in his or her discretion, whether or not the project or development warrants utilization of extra duty inspectors, based upon size, scope or complexity of the development and existing resources and staffing. The said official shall thereafter make recommendation to the Administrator who shall approve or deny the request.
In the event the Construction Code Official and Administrator determine that utilization of extra duty inspectors is appropriate and warranted, they shall designate such persons, from existing staff or otherwise, to serve in such capacity. All persons selected shall be duly licensed or qualified to conduct the review or inspection required by the developer.
In no event shall the utilization of such persons create a private inspection relationship between the developer and the inspector.
All fees and costs associated with the expedited review shall be paid by the developer. Such expense shall be in addition to any fees paid pursuant to this article or Chapter 220, Fees.
The developer requesting expedited review and approval shall post with the Borough of Hawthorne, as administrative agent, an escrow deposit, as determined by the Construction Code Official, to off set the cost and expense associated with the utilization of extra duty inspectors.
In the event funds in an escrow account shall be depleted, utilization of extra duty inspectors shall be suspended until additional funds have been deposited in the escrow account, as provided above.
Rates of compensation for extra duty inspectors shall be as established by this article or the Salary Ordinance of the Borough of Hawthorne and as may be amended, from time to time, by the Municipal Council of the Borough of Hawthorne.
The rate of compensation to be paid by the developer requesting utilization of extra duty inspectors shall be on an hourly basis with initial hourly rate established at $30 per hour.
The developer, in establishing an escrow account hereunder, shall authorize payment therefrom to the persons performing extra duty inspection services. The Borough of Hawthorne shall provide periodic statements to the developer in the same manner as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., applicable to escrow accounts established thereunder.
In addition to the payment called for hereunder to the persons performing extra duty inspection services, an administrative fee shall be charged by the Borough of Hawthorne to cover administrative costs, overhead and out-of-pocket expenses by the Borough of Hawthorne. The initial administrative expense shall be $15 per hour. This rate may be changed from time to time in the discretion of the Municipal Council of the Borough of Hawthorne. The administrative fee shall be applied to each charge of every extra duty inspector and deducted from the escrow account of the developer as forth above.